The main legal point established in the judgment is that the small quantity of contraband seized and the prolonged incarceration of the petitioners were influential factors in granting bail under the NDPS Act.

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 petitioners/A-1 to A-3 in connection with Crime No.133 of 2021, of Puthalapattu Police Station, Chittoor District, 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 21.06.2021 on credible information about illegal transportation of ganja, the respondent police along with staff and mediators went to Venganapalle Village Southern side of Near River Bridge situated on Chittoor - Tirupati National Highway and found the petitioners along with another accused on three motorcycles and on suspicion they detained them. On interrogation, A-1 to A-4 confessed that they possessed 6 KGs of ganja and they brought the same from A-5 to A-8 and they have been distributing the same to various places with the assistance of A-9 to A-18. Police seized the contraband and arrested the accused under the cover of mediators report. Basing on the said mediators report, the present crime was registered and sent the accused to judicial custody.

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

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case and police failed to follow the procedure under Section 52(A) of the NDPS Act. Further as per the mediators report, the police recovered only ganja leaves and it is only one KG which is a small quantity, as such, bar under Section 37 of the NDPS Act is not attracted. The petitioners were arrested on 21.06.2021 and since then they have been languishing in jail.

5. On the other hand, learned Assistant Public Prosecutor submits that the investigation is pending.

6. Taking into consideration the fact that the contraband that is seized from the petitioners is small quantity as such, bar under Section 37 of the NDPS Act is not attracted and further petitioners are languishing in jail from 21.06.2021, this Court deems it appropriate to grant bail to the petitioners, on certain conditions.

7. Accordingly, this Criminal Petition is allowed. The petitioners/A-1 to A-3 shall be enlarged on bail in Crime No.133 of 2021 of Puthalapattu Police Station, Chittoor District on their executing self bonds for Rs.50,000/- (Rupees fifty thousand only) each 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 petitioners/A-1 to A-3 shall appear before the Station House Officer, Puthalapattu Police Station, Chittoor District once in a week between 10.00 AM and 1.00 PM, till filing of charge sheet.