The quantity of contraband seized and evidence of habitual offending are crucial factors in determining bail under the NDPS Act.

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/A1 in connection with Crime No.134 of 2021 of Puthalapattu Police Station, Chittoor District for the offence punishable under Section 8(c) r/w 20(b)(i) 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 receiving credible information the Inspector of Police, Puthalapattu Police Station along with his staff went to the spot and while they were conducting vehicle check at Rangampeta cross, they found four persons coming towards Puthalapattu side with blue bags and on seeing the Police, they tried to escape but the Police apprehended them. On interrogation they revealed their particulars and confessed that the bags contain ganja. The Police seized 1 Kg of ganja under mediators' report and basing on the said report, the present crime is registered against A1 to A4.

3. Heard Sri D.Purnachandra Reddy, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for petitioners submits that the petitioner is no way concerned with the alleged incident and a perusal of panchanama shows that the very version set up in the panchnama i.e. about the manner in which the alleged incident occurred appears to be highly doubtful. He also submits that in all the cases in a routine manner, similar allegations, panchnama was prepared and it shows how the petitioner is implicated in this case. He further submits that only 1 KG of ganja is seized from the petitioner and from 26.06.2021 he is languishing in jail, as such, the petitioner's case may be considered for bail.

5. Learned Assistant Public Prosecutor on the other hand submits that total contraband seized from the petitioners is 4 KGs and investigation is pending, as such, petitioner is not entitled for bail.

6. Taking into consideration the fact that the contraband that is seized assuming to be 4 KGs, it is not a commercial quantity, as such there is no bar under Section 37 of the NDPS Act. Further nothing is placed on record to show that the petitioner is a habitual offender, this Court deems it appropriate to grant bail to the petitioner, however, on certain conditions.

7. Accordingly, this Criminal Petition is allowed. The petitioner/ A1 shall be enlarged on bail in Crime No. 134 of 2021 of Puthalapattu Police Station, Chittoor District on execution of their self bonds 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, Chittoor District. On such release, the petitioner shall appear before the Station House Officer, Puthalapattu Police Station, Chittoor 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.