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Judgment
Dr V R K Krupa Sagar, J
This Criminal Petition, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/A.1 seeking regular bail in Crime No.36 of 2024 of Araku Valley Police Station, Alluri Sitharama Raju District, registered for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
Heard Sri G.Maheswara Rao, the learned counsel for petitioner and the learned Assistant Public Prosecutor for respondent-State.
Perused the record.
A perusal of the record shows that on 12.04.2024 this petitioner along with other accused were found by the investigating agency and they were found carrying suitcase. On verification of the suitcase held by the petitioner, it was found containing 15 kgs. of Ganja. Similar is the case with the other accused. The contraband was seized. The petitioner was arrested and was remanded to judicial custody on 12.04.2024. Since then he has been in judicial custody. Record further shows that the investigating agency picked up the samples on the spot.
Learned counsel for petitioner submits that though the total quantity seized from both the accused is 30 kgs., what was seized from the petitioner/A.1 is only 15 kgs. and is not a commercial quantity. This fact is not disputed by the prosecution. The other submission of the learned counsel for petitioner is that the mandate in Section 52 of the NDPS Act and the ruling of the Hon’ble Supreme Court of India in Toofan Singh v. State of Tamil Nadu 2020 SCC Online SC 882 are violated as the inventory was not done before the learned Magistrate. On facts even this was not disputed by the prosecution.
In the above referred circumstances, considering the length of detention and the fact that it is not a commercial quantity and the procedural infractions, this Court finds that any continued detention does not seem necessary. Hence, prayer is granted.
In the result, this Criminal Petition is allowed. Petitioner herein/A.1 shall be enlarged on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam. Petitioner/A.1 shall mark his attendance before the Investigating Officer on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. Petitioner/A.1 shall make himself available for investigation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. He shall not indulge in similar acts of crime.