Point of Law : Quantity of contraband involved in this case is only 10 KGs which is not a commercial quantity, there is no bar under Section 37 of the NDPS Act.

ORDER :

This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail to the petitioners/A-1 and A-2 in connection with Crime No.393 of 2021 of the Station House Officer, Special Enforcement Bureau, Narsipatnam, Visakhapatnam District wherein the petitioners are alleged to have committed the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity “NDPS Act”).

2. The case of prosecution is that on 13.08.2021 while conducting patrolling/route watch at Gabbada bridge of Narsipatna, Enforcement Sub Inspector, Special Enforcement Bureau Station, Narsipatnam along with his staff, arrested the petitioners and seized 10 KGs of ganja, under the cover of a mediators report. Basing on the said report, present crime was registered.

3. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for petitioners submits that petitioners are falsely implicated in the case. He submits that petitioners are languishing in jail from 13.08.2021 and the quantity involved in this case is only 10 KGs which is not a commercial quality. Hence, petitioner is entitled for statutory bail.

5. Learned Assistant Public Prosecutor submits that the quantity involved in this case is 10 KGs only which is not a commercial quantity, as such, there is no bar under Section 37 of the NDPS Act.

6. Taking into consideration the fact that the quantity of contraband involved in this case is only 10 KGs which is not a commercial quantity, there is no bar under Section 37 of the NDPS Act and further petitioners are languishing in jail from 13.08.2021, this Court deems it appropriate to grant bail to the petitioners. However, on certain conditions.

7. Accordingly, the Criminal Petition is allowed. The petitioners/A-1 and A-2 shall be enlarged on bail in connection with Crime No.393 of 2021 of the Station House Officer, Special Enforcement Bureau, Narsipatnam, Visakhapatnam District, on their executing self bonds for Rs.50,000/- (Rupees fifty thousand only) each with two sureties for a like sum each to the satisfaction of the Court of learned Judicial First Class Magistrate for Prohibition & Excise Cases, Visakhapatnam. On such release, the petitioners shall appear before the Station House Officer, Special Enforcement Bureau, Narsipatnam, Visakhapatnam District, once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM, till completion of trial.

Consequently, miscellaneous applications pending, if any, shall stand closed.