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ANDHRA PRADESH HIGH COURT AT AMARAVATI
D. Ramesh, J.
Shivasaranappa & Ors. – Appellants
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 7034 of 2021
Decided On : 17-01-2022
NDPS Act - Bail - The court granted regular bail to the petitioners/a-1 and a-2 in connection with the offense of illegal transportation of ganja under the NDPS Act, imposing certain conditions.
Fact of the Case:
The petitioners were apprehended by the police with 8 kgs of ganja, and the case was registered under the NDPS Act. The petitioners claimed they were falsely implicated and argued that the seized substance was ganja leaves, which are excluded from the definition of ganja under Section 2(iii)(b) of the NDPS Act.
Finding of the Court:
The court found that, considering the submissions of both the learned counsel, it was a fit case for grant of regular bail to the petitioners/a-1 and a-2 by imposing conditions.
Issues: The main issue was whether the petitioners should be granted regular bail in connection with the offense under the NDPS Act.
Ratio Decidendi: The court considered the nature of the offense, the submissions of the counsel, and the provisions of the NDPS Act, particularly the definition of ganja, in reaching its decision to grant bail.
Final Decision: The Criminal Petition was allowed, and the petitioners/a-1 and a-2 were granted regular bail with certain conditions.
JUDGMENT
D. Ramesh, 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 petitioners/a-1 and a-2 in connection with Crime No.407 of 2021 of Chodavaram Police Station, Visakhapatnam District for the offences punishable under Sections. 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short 'NDPS act').
2. Heard learned counsel for the petitioners and the learned assistant Public Prosecutor for the respondent-State.
3. The case of prosecution is that on 28.11.2021 at 8:45 hours, on receipt of a credible information about illegal transportation of ganja, the Sub-Inspector-153 of Chodavaram Police Station along with his staff and mediators rushed to out gate of RTC bus complex, Chodavaram and found the petitioners. The police apprehended them and seized 8 kgs of ganja from them under the cover of mediators report. Basing on the same, the present case is registered.
4. Learned counsel for the petitioners submits that the petitioners are falsely implicated in the case. Moreover, as per the mediators report, it was only the Ganja leaves that were seized from the petitioners. as per Section 2(iii)(b) of the NDPS act, the Ganja leaves are excluded from the definition of Ganja. So, he prays for grant of bail.
5. Learned assistant Public Prosecutor opposed for grant of bail to the petitioners.
6. In view of the facts and circumstances of the case and considering the submissions of both the learned counsel, this Court feels that this is a fit case for grant of regular bail to the petitioners/a-1 and a-2 by imposing conditions.
7. accordingly, this Criminal Petition is allowed. The petitioners/ a-1 and a-2 shall be enlarged on bail on execution of self bond of Rs.1,00,000/- (Rupees one lakh only) with two sureties each for a like sum each to the satisfaction of the Court of additional Judicial First Class Magistrate, Chodavaram, Visakhapatnam. On such release, the petitioners shall not leave the State and they shall appear before the Station House Officer, Chodavaram Police Station, Chodavaram 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.
The court's decision was influenced by the interpretation of the provisions of the NDPS Act, particularly the definition of ganja, in determining the eligibility for bail in the case.
The court considered the quantity of contraband seized and the petitioner's period of incarceration in granting bail under the NDPS Act.
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The court considered the quantity of the seized contraband and the provisions of the NDPS Act in granting bail to the petitioner/A-2.
The court considered the quantity of the seized substance and the stage of the investigation in granting bail under the NDPS Act.
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