Gusidi Venkata Swamy vs State Of Andhra Pradesh

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 petitioner/A-2 in connection with Crime No.211 of 2021 of Ravikamtham Police Station, Visakhapatnam District, wherein the petitioner is alleged to have committed 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").

The case of prosecution is that on 15.09.2021 on receipt of credible information, Sub Inspector of Police, Ravikamtham Police Station along with staff and mediators rushed to Santabayalu, outskirts fo Mediwada and found the petitioner and another. Police arrested A-2 and seized 4 KGs of ganja and one phone, under the cover of a mediators report. Basing on the said report, present crime was registered and sent the accused to judicial custody on the same day.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

Learned counsel for petitioner submits that 4 KGs of ganja is alleged to have been seized from the possession of the petitioner which is not a commercial quantity, as such there is no bar under Section 37 of the NDPS Act and further he is languishing in jail from 15.09.2021. Hence, his case may be considered for grant of bail.

Learned Assistant Public Prosecutor submits that investigation is pending.

Taking into consideration the fact that petitioner is languishing in jail from 15.09.2021 and further the quantity of ganja involved in this crime is only 4 KGs which is not a commercial quantity, there is no bar under Section 37 of the NDPS Act, this Court deems it appropriate to grant bail to the petitioner. However, on certain conditions.

Accordingly, the Criminal Petition is allowed. The petitioner/ A-2 shall be enlarged on bail in connection with Crime No.211 of 2021 of Ravikamtham Police Station, Visakhapatnam District, on his executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Court of Judicial First Class Magistrate, Chodavaram, Visakhapatnam District. On such release, the petitioner shall appear before the Station House Officer, Ravikamtham Police Station, Visakhapatnam District, once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM, till completion of trial.

Consequently, miscellaneous applications pending, if any, shall stand closed.