The court considered the quantity of the seized contraband and the provisions of the NDPS Act in granting bail to the petitioner/A-2.

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/A-2 in connection with Crime No.131 of 2021 of Penumur Police Station, Chittoor District, for 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 26.06.2021 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 while conducting vehicle check, they found one Maruthi Swift Dezire car bearing No.AP 03 CL 1295. On seeing the police, the inmates of the said car tried to escape from the scene. But the police could apprehend them and seized total 4 KGs of ganja under the cover of a mediators report. Basing on the said report, the present crime was registered and sent the accused to judicial custody on the same day.

3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for petitioner submits that the petitioner is languishing in jail from 26.06.2021 and the contraband that is alleged to have been seized from the accused is only 4 KGs which is not a commercial quantity. Hence, the petitioner's case may be considered for grant of bail.

5. Learned Assistant Public Prosecutor on the other hand submits that investigation is pending and petitioner is also accused in other cases where PT warrants were also executed.

6. Taking into consideration the fact that the petitioner is languishing in jail from 26.06.2021 and further the contraband that is seized is only 4 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/ A-2 shall be enlarged on bail in Crime No.131 of 2021 of Penumur Police Station, Chittoor 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 III Additional Judicial Magistrate of First Class, Chittoor. On such release, the petitioner shall appear before the Station House Officer, Penumur Police Station, Chittoor District once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM till filing of charge sheet.

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