Patnala Kalyanani v. State of A. P. , rep. by its Public Prosecutor, High Court of at Hyderabad
2016-11-02
SURESH KUMAR KAIT
body2016
DigiLaw.ai
ORDER : Suresh Kumar Kait, J. Vide the present petition, the petitioner/ A-l seeks a direction thereby enlarging him on bail in connection with Crime No. 51 of 2016 of Rolugunta Police Station, Visakhapatnam District for the offence punishable under Section 20 (b)(ii)(c) of NDPS Act. 2. Learned counsel appearing on behalf of the petitioner/A-1 submits that as per the case of the prosecution that on 15-7-2016 at 07.00 hours the Sub-Inspector of Police of Rolugunta Police Station on credible information, searched van and found 10 ganja packets in each bag. On questioning, they disclosed his name and address as Patnala Kalyanam. Thereafter, he went to agency area Chintanapalli and introduced with A02 who confessed that he often gave an aount of rupees for purchasing ganja, after sold away ganja he used to give excess profit to A-l. Three times, he did this business along with A-2. Due to financial problem, he decided to do ganja business, about one weak bag. Accordingly, he went to Singavaram village and contact with Mahesh-A-2 and paid Rs. 50,000/- to him for purchasing ganja. They both purchased 40 kgs ganja from agency people and packed it in 20 packets, each packet weighing about 2 kgs and kept 20 packets in two gunny bags. A-2 arranged coolies for transporting the gunny bags towards BB patnam outskirts. When Mahesh-A-2 came back with two gunny ganja bags from Singavaram village, he went to BB patnam outskirts, there the said Mahesh was present along with two coolies. They have paid an amount of Rs. 6,0000/- to the said coolie. When they tried to carrying towards his village Kallam caught by the police. 3. Learned counsel appearing on behalf of the petitioner submits that there are two accused in the present case. Both were carrying ganja for a quantity of 40 kgs. Thus, each was carrying 20 kgs. The quantity of 20 kgs does not comes into commercial quantity. 4. Learned counsel has referred to Section 2(vii a) of NDPS Act states as under: (vii a) "Commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; " 5. Learned counsel submits that as per the schedule by the Official Gazette of the Central Government, 20 Kgs is the commercial one.
Learned counsel submits that as per the schedule by the Official Gazette of the Central Government, 20 Kgs is the commercial one. However, as per the provisions, mentioned above, for the purpose of commercial quantity, the quantity should be greater than the quantity specified by the Central Government. Thus, 20 Kgs, does not come in the commercial quantity. Moreover, 10 packets each carrying 2 kgs ganja recovered from the petitioner is with packets. Thus it is otherwise below than 20 kgs. each. 6. Learned Additional Public Prosecutor appearing on behalf of the State does not dispute what is stated by the learned counsel for the petitioner and submits that the weight of 10 packets each received from the accused is with packets and total quantity found is 20 kgs. each from the petitioners. As per Section 2(vii a) of NDPS Act, 1985 the quantity for commercial quantity, it requires greater than the quantity mentioned by Central Government in the Official Gazette. 7. Keeping in view the averments made in the instant petition and the submission of learned counsel for the petitioner/A-1 and learned Additional Public Prosecutor, I hereby direct the trial Court to admit the petitioner/A-1 on bail on furnishing a personal bond of Rs. 25,000/- (Rupees Twenty five Thousand only) with one surety for a likesum to its satisfaction. 8. Accordingly, the Criminal Petition is allowed. 9. Miscellaneous petitions, if any, pending shall stand closed.