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Andhra Pradesh High Court – Amravati

Sri Kakumanu Joji Amrutha Raju vs Special Assistant Public Prosecutor

BENCH – HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

CRIMINAL PETITION No.3303 of 2023

Date of Judgement – 18.05.2023

INTRODUCTION

This case is about the denial of bail petition in case of non-bailable offences (section 437 cr.p.c.) and the power of high court or court of session regarding bail (section 439 cr.p.c.).

The relevant provisions followed in this case are as follows: –

Section 20(b) in The Narcotic Drugs and Psychotropic Substances Act, 1985

(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable 1[(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees; and

(ii) where such contravention relates to sub-clause (b),

(A) and involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine, which may extend to ten thousand rupees, or with both

(B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees.

(C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

Section 8(c) in The Narcotic Drugs and Psychotropic Substances Act, 1985

produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms and conditions of such licence, permit or authorisation.

The court heard Sri Kakumanu Joji Amrutha Raju, Learned Counsel for the Petitioner/Accused No.3 and Learned Special Assistant Public Prosecutor for the Respondent- State.

FACTS

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the Petitioner/Accused No.3, seeking regular bail, in Crime No.59 of 2022 of Prakash Nagar Police Station, Rajamahendravaram Urban. A case has been registered against the Petitioner and others for the offence punishable under Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act‘).

On 21.2.2022 at 06.00 a.m., on credible information, the Inspector of Police, Prakash Nagar Police Station found Accused No.1 and 4 at V.L.Puram Raithu Bazar, Rajamahendravaram, in illegal possession and transportation of 13 bags of Ganja weighing 295 Kgs and 1.2 Kgs of Liquid Ganja in a Chevrolet Enjoy Car bearing No.AP 31 TF 3199 and Lorry bearing No.TN 52A 3508 along with motor cycle bearing No.AP 39 AD 8329. Accused Nos.1 and 4 confessed about the involvement of the Petitioner/Accused No.3 and another person.

JUDGEMENT

Learned Counsel for the Petitioner submits that the Petitioner was arrested on 06.1.2023 and remanded to judicial custody.

Learned Assistant Public Prosecutor submits that the contraband seized was about 295 KGs of Dry Ganja besides 1.2 Kgs of Liquid Ganja. Since there are specific accusation levelled against the Petitioner and that the Ganja seized was a commercial quantity, this Court was not inclined to grant bail to the Petitioner at this stage.

JUDGEMENT REVIEWED BY HARSHIT JAIN

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