ANDHRA PRADESH HIGH COURT AT AMARAVATI
K. Sreenivasa Reddy, J.
Rohit Popat Pawar & Ors. – Appellants
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 270 of 2023
Decided On : 25-01-2023
Narcotic Drugs and Psychotropic Substances Act - Bail - Summary
Fact of the Case:
The petitioners sought regular bail for the offences punishable under the NDPS Act after being found in possession and illegal transportation of 18.600 KGs of Ganja.
Finding of the Court:
The court granted bail to the petitioners considering the quantity of Ganja seized and the completion of the material part of the investigation.
Issues: Bail under the NDPS Act
Ratio Decidendi: The court considered the quantity of the seized substance and the stage of the investigation in granting bail.
Final Decision: The Criminal Petition is allowed, and the petitioners are released on bail with certain conditions.
JUDGMENT
K. Sreenivasa Reddy, J. - This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioners/A1 to A3, A5 and A6, seeking regular bail, in Crime No.33 of 2022 of Gudemkothaveedi Police Station, Visakhapatnam district, registered for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').
2. Case of the prosecution, in brief, is that, on 06.12.2022, at 14.30 hours, on reliable information, the Sub-Inspector of Police, G.K. Veedhi Police Station, along with his staff and mediators, proceeded to Near Samstha colony junction, G.K. Veedhi village, Panchayat and Mandal, and found accused Nos.1 to 3, 5 and 6 in possession and illegal transportation of 18.600 KGs of Ganja in Hyundai i20 Car bearing registration No.MH 12 LD 8576. They purchased the same from A4 in Chitrakonda village of Odissa State. Police seized the contraband, along with vehicle and other material, under cover of a mediators report.
3. Heard. Perused the record.
4. The petitioners are in judicial custody since 06.12.2022. The quantity of Ganja allegedly seized from the possession of the accused is only 18.600 Kgs, which is not a commercial quantity. It is submitted by the learned Assistant Public Prosecutor that material part of investigation is completed. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioners.
5. Accordingly, the Criminal Petition is allowed. The petitioners herein shall be released on bail on their executing personal bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Chintapalli. Petitioners shall appear before the Station House Officer concerned once in a week i.e., on every Sunday between 10.00 AM and 5.00 PM till filing of the charge sheet.
The court considered the quantity of the seized substance and the stage of the investigation in granting bail under the NDPS Act.
The completion of the statutory period for investigation without the filing of a charge sheet or an application for extension of time influenced the court's decision to grant bail to the accused.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.