The main legal point established in the judgment is that the quantity of the seized contraband and its classification as a commercial quantity under the NDPS Act influenced the court's decision in granting bail to the petitioner.

JUDGMENT

Lalitha Kanneganti, J. - 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 petitioner/Accused in connection with Crime No.119 of 2021 of L.Kota Police Station, Vizianagaram District, for the offence punishable under Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

2. The case of prosecution is that on 23.06.2021 on receipt of credible information about illegal transportation of ganja, the respondent police along with staff and mediators proceeded to the scene of offence and seized 9.560 KGs of ganja, cell phone, Hero HF Deluxe Motor cycle bearing No.AP 39 FB 0312, cash of Rs.9,250/-, Gutkha and khaini packets, under the cover of a mediators report. Basing on the said report, the present crime was registered.

3. Heard Sri P.Sarat Babu, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for petitioner submits that the contraband that is alleged to have been seized from the petitioner is 9.560 KGs only which is not a commercial quantity, as such, there is no bar under Section 37 of the NDPS Act. Further the petitioner is languishing in jail from the last 50 days. Hence, his case may be considered for grant of bail.

5. Learned Assistant Public Prosecutor on the other hand submits that as the investigation is pending, at this stage the petitioner is not entitled for bail.

6. Taking into consideration the fact that the contraband that is seized is 9.560 KGs which is not a commercial quantity, as such, there is no bar under Section 37 of the NDPS Act, this Court deems it appropriate to grant bail to the petitioner, however on certain conditions.

7. Accordingly, this Criminal Petition is allowed. The petitioner/ Accused shall be enlarged on bail in Crime No.119 of 2021 of L.Kota Police Station, Vizianagaram District, on his executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Judicial Magistrate of First Class, Kothavalasa. On such release, the petitioner shall appear before the Station House Officer, L.Kota Police Station, Vizianagaram District, once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM till completion of trial.

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