The decision to grant bail was influenced by the interpretation of the NDPS Act, specifically regarding the small quantity of contraband seized and the absence of evidence of habitual offending.

JUDGMENT

Lalitha Kanneganti, J. - This Criminal 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-1 in connection with Crime No.70 of 2021 of Araku valley Police Station, Visakhapatnam, registered 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 21.04.2021 on credible information about possession and transportation of ganja illegally, the respondent police along with staff and mediators reached Room No.15 of Prudhvidevi Lodge at Arakuvally and on seeing the police, the inmates of the said room ran away and on verification of the room they found three red college bags. In one bag two brown colour packets of ganja and second bag also containing ganja. Police seized 8 KGs of dry ganja and 1100 grams of liquid ganja under the cover of mediators report. Basing on the said report, the present crime was registered, arrested the petitioner and sent him to judicial custody.

3. Heard Sri Y.V.Anil Kumar, learned counsel for petitioner and learned Assistant Public Prosecutor for the respondentState.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged and falsely implicated in this case. Further no contraband is seized from the petitioner. Even as per the prosecution they have seized 8 KGs of dry ganja and 1000 grams of liquid ganja which is not commercial quantity, as such bar under Section 37 of the NDPS Act is not attracted. Hence, petitioner's case may be considered for grant of bail.

5. On the other hand, learned Assistant Public Prosecutor submits that the contraband that is seized is not a commercial quantity, as such, bar under Section 37 of the NDPS Act is not attracted. He further submits that investigation is still pending.

6. Taking into consideration the fact that the contraband that is seized from the petitioner is small quantity as such, bar under Section 37 of the NDPS Act is not attracted and further nothing is placed on record to show that the petitioner is a habitual offender. In view of the same, this Court deems it appropriate to grant bail to the petitioner, on certain conditions.

7. Accordingly, this Criminal Petition is allowed. The petitioner/A-1 shall be enlarged on bail in Crime No.70 of 2021 of Araku valley Police Station, Visakhapatnam on their executing 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 First Class Magistrate, Araku. On such release, the petitioner/A-1 shall appear before the Station House Officer, Araku valley Police Station, Visakhapatnam once in a week between 10.00 AM and 1.00 PM, till filing of charge sheet.