M. Nagaraju vs State of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 1384

T. MALLIKARJUNA RAO
M. Nagaraju – Appellant
Versus
State of Andhra Pradesh – Respondent

JUDGMENT

1. This Criminal Petition, under Ss. 437 and 439 of Cr.P.C., has been filed by the petitioner/accused, seeking regular bail, in Crime No.272 of 2023 of Kuppam Urban Police Station, Chittoor District.

2. A case has been registered against the petitioner for the offences punishable under Sec. 8(b) read with 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act").

3. Case of the prosecution, in brief, is that, on 7/7/2023 at about 11.00 A.M. at Thangedikuppam Village, Kuppam Mandal, the accused, who was cultivating Cannabis plants in Survey No.115/8A3, was arrested under a cover of mahajarnama and 70 plants were destroyed by burning them. Then, the Investigation Officer seized 3 cannabis plants and sent the same for chemical examination after duly sealed and labeled. The said cannabis plants were weighing about 50 Kgs and thereafter the accused was sent for judicial custody.

4. Learned counsel for the petitioner submits that as per the Prosecution"s case, the cannabis plants were seized and 70 plaints were destroyed and it is not the case that material was found with flowering or fruiting tops along with seeds and the weighment of the pl