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2021 DIGILAW 459 (AP)

M. Maheswar v. State of Andhra Pradesh

2021-07-23

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, 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/accused in connection with Crime No.202 of 2021 for the offences punishable under Section 8(c) and 8(b)(ii)(c) read with Section 20(b)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act"). 2. The case of prosecution is that on 24.06.2021 on the instructions of the Joint Director, SEB Chittoor, the Sub-Inspector of Police, Chittoor Urban Police Station, along with his staff was conducting search they found the petitioner at the scene of offence who tried to escape on seeing the Police by leaving the urea bag. But the police apprehended her and she admitted that she was in possession of dry ganja. Basing on the same the present crime is registered, arrested the petitioner on 24.06.2021 and seized 1100 grams from her possession. 3. Heard Sri D.Purna Chandra Reddy, learned counsel for petitioner and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioner submits that the alleged ganja seized from the possession of the petitioner is only 1100 grams which is not a commercial quantity and while conducting and arresting the petitioner, the Police have not followed the procedure contemplated under the NDPS Act. He submits that the petitioner is suffering with liver issues and as the quantity seized from the petitioner is not a commercial quantity there is no bar under Section 37 of the NDPS Act. He submits that the petitioner is languishing in jail since 24.06.2021, as such the petitioner's case for grant of bail may be considered. 5. Learned Assistant Public Prosecutor submits that investigation is pending and so far three witnesses are examined and hence he opposed this petition. 6. Taking into consideration the fact that the contraband which is seized is not commercial quantity and there is no bar under Section 37 of the NDPS Act as well as the health condition of the petitioner, this Court deems it appropriate to grant bail to the petitioner. 7. Accordingly, this Criminal Petition is allowed. 6. Taking into consideration the fact that the contraband which is seized is not commercial quantity and there is no bar under Section 37 of the NDPS Act as well as the health condition of the petitioner, this Court deems it appropriate to grant bail to the petitioner. 7. Accordingly, this Criminal Petition is allowed. The petitioner/ accused shall be enlarged on bail in Crime No.202 of 2021 of Special Enforcement Bureau, Chittoor Urban Police Station on execution of 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 the Special Judicial Magistrate of First Class, Excise, Chittoor. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.