Chettipalli Parshuram vs The State Of Telangana
2022 Latest Caselaw 418 Tel

      THE HONORABLE SMT JUSTICE LALITHA KANNEGANTI

                           CRL.P.No.727 of 2022
ORDER

This petition under Section 438 Cr.P.C. is filed seeking bail to

petitioner/A1 in the event of his arrest in connection with Cr.No.488 of

2021 of Vemulawada Town Police Station, Rajanna Sircilla District,

registered for the offence under Section 8(c) read with 20(b) of NDPS Act,

1985.

2. The prosecution case is that on 02.11.2021 at 18.00 hours, on

credible information, the Sub-Inspector of Police along with his staff

reached at the outskirts of Shivaparvathula Colony, where they

apprehended a boy, namely Katkari Praveen @ Kanni, aged 16 years,

who was chewing and smoking ganja, and on his confession that he

purchased 30 grams of ganja from A1 by paying Rs.600/- for

consumption, they seized the said ganja under a cover of panchanama.

3. Learned counsel for the petitioner/A1 Sri V. Nitesh, submits that

basing on the confession of other accused, the petitioner is arrayed as an

accused. Learned counsel submits that a small quantity of 30 grams of

ganja was seized from the accused and the punishment for the said

offence is one year, as such, the police concerned may be directed to

follow the procedure under Section 41-A Cr.P.C., and the guidelines

issued by the Apex Court in Arnesh Kumar v. State of Bihar and

another1 . Learned counsel also submits that as per the judgment of the

Andhra Pradesh High Court in Crl.P.No.5349 of 2021 dated 01.10.2021

( K. Ranjith v. State of Andhra Pradesh through the Station House Officer,

Gangavaram Police Station, Chittoor District, rep. By Public Prosecutor,

High Court of A.P.), Section 41-A Cr.P.C., is applicable to NDPS Act.

    AIR 2014 SC 2756
                                         2                                      LK, J
                                                               Crl.P.No.727 of 2022

4. Learned Assistant Public Prosecutor opposed the petition for grant

of pre-arrest bail to the petitioner.

5. Taking into consideration the circumstances, the police concerned

are directed to follow the procedure under Section 41-A Cr.P.C., and the

guidelines issued by the Apex Court in Arnesh Kumar's Case (supra).

6. With the said direction, the Criminal Petition is disposed of.

7. Miscellaneous petitions, if any, pending in this criminal petition

shall stand closed.

                                                _______________________
                                                 LALITHA KANNEGANTI, J

3rd February, 2022

sj
                              3                               LK, J
                                             Crl.P.No.727 of 2022

THE HONORABLE SMT JUSTICE LALITHA KANNEGANTI

CRL.P.No.727 of 2022

Date:03.02.2022 sj