The court considered the quantity of contraband seized and the petitioner's period of incarceration in granting 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.214 of 2021 of Chodavaram Police Station, Visakhapatnam for the offence punishable under Section 20(b)(i)(ii)(c) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

2. The case of prosecution is that on 27.05.2021 on receiving credible information about illegal transportation of dry ganja, the Sub-Inspector of Police, Chodavaram Police Station along with his staff went to Anakaplli auto stand situated opposite RTC Complex of Chodavaram village and found A1 to A3 transporting ganja by Pulsar Motorcycle bearing No.AP 33 C 8825. The Police arrested them and seized five packets of ganja each containing two kgs under the cover of mediators' report. Basing on the said report the present crime is registered in which the petitioner is arrayed as A1.

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/Accused submits that the petitioner has no criminal antecedents and he never involved in any criminal cases. He is not present at the time of seizure of alleged contraband. Petitioner was arrested and remanded to judicial custody on 27.05.2021 and since then he has been languishing in jail. The contraband that is alleged to have been seized is only 10 KGs which is not a commercial quantity, as such, there is no bar under Section 37 of the NDPS Act. Hence, 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 so far five witnesses were examined.

6. Taking into consideration the fact that that the contraband that is seized from the petitioners is only 10 KGs which is not a commercial quantity, there is no bar under Section 37 of the NDPS Act and further as the petitioner is languishing in jail from 07.06.2021, 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.214 of 2021 of Chodavaram Police Station, Visakhapatnam 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 Judicial Magistrate of First Class, Chodavaram, Visakhapatnam. On such release, the petitioner shall appear before the Station House Officer, Chodavaram Police Station, Visakhapatnam 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.