The court considered the quantity of the seized contraband, the petitioner's status as a student with an upcoming examination, and the absence of a bar under Section 37 of the NDPS Act 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/A-7 in connection with Crime No.80 of 2021 of the Station House Officer, Golugonda Police Station, Visakhapatnam 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 07.06.2021 on receipt of credible information about illegal transportation of ganja, the respondent police along with staff and mediators went to Pakalapadu Junction on the road leading to Chinthapalli-Narsipatnam and while checking the vehicles, they arrested the petitioner along with other accused and seized 14 KGs of dry ganja in two gunny bags while they were transporting the same on Motorcycle bearing No.AP 39 GS 2818 and car bearing No.AP 39 HE 8876 under the cover of a mediators report. Basing on the said report, police registered the present crime and sent the accused to judicial custody.

3. Heard Sri G.Maheswara Rao, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for petitioner/A-7 submits that it is alleged that the prosecution has seized 14 KGs of contraband from the petitioner and that it is not a commercial quantity and police failed to follow the procedure contemplated under the NDPS Act while conducting search and seizure. It is submitted that the petitioner has to attend BBA-V Semester examination at Kakinada. Further, the quantity that is seized from the petitioner is not a commercial quantity, there is no bar under Section 37 of the NDPS Act. Hence, his case may be considered for grant of bail.

5. Learned Assistant Public Prosecutor on the other hand submits that investigation is pending on so far four witnesses were examined.

6. Taking into consideration the fact that that the contraband that is seized from the petitioners is only 14 KGs which is not a commercial quantity, there is no bar under Section 37 of the NDPS Act, further as the petitioner is languishing in jail from the last 50 days and petitioner is a student who has to appear for examination, 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-7 shall be enlarged on bail in Crime No. No.80 of 2021 of the Station House Officer, Golugonda Police Station, Visakhapatnam District on his execution of 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 Additional Judicial First Class Magistrate, Narsipatnam, Visakhapatnam District. On such release, the petitioners shall appear before the Station House Officer, Golugonda Police Station, Visakhapatnam 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.