Kanmajji Jagadeesh Vs the State of Andhra Pradesh

Petition under Section 480 & 483 of Cr.P.C old act under section 437 & 439 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds ,of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A.3 on Regular Bail in connection with Crime No,53/2025 on the.file of Gajuwaka Police Station, Visakhapatnam District, Visakhapatnam District, datedO8.02.2025;

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The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petitl'on and upon hearing the argum;nts of sri Kotti Siva, Advocate for the Petitioner and Public Prosecutor for the Respondent;

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APHCO10159202025

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lN THE HIGLl,COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction)

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[3369]

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TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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CRIMINAL P^{ETITION NO:3661/2025}

Between :

Kanmajji JagadeeSh

.HPETITIONER/ACCUSED

AND

The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT

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counsel for the Petitioner/accused:

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KOTTI SIVA

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counsel for the Respondent/comPlainant:

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.1.PUBLIC PROSECUTOR

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TJnegifeJ±a±e±±±e FoIIowi nq O_rd±e±:I

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The Cr-lm-lnal Petition, under Sections 480 and 483 'of the BNSS, has been filed by the Petitioner/A3, seeking regular bail, in Crime No.53 of 2025 of GajuWaka Police Station, Visakhapatnam Commissionerate, registered for the offence punishable under section 20(b) read with 8(c) of the Narcotic Drugs and PsychOtrOPiC Substances Act, 1985.

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Case of the Prosecution, in brief, iS that On 08.02.2025,on receipt Of credible informal-Ion about illegal possession and transportation of MDMA

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Drug, the sub-Inspector of police along with his staff and mediators rushed to D.No.27-2-99, Sriram Nagar, Sringar, Gajuwaka, Visakhapatnam and caught the accused in possession of 4 grams of MDMA Drug. The contraband along with other material was seized under the cover of mediators I-eport.

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Learned counsel for the petitioner submits that the total quantity of contraband said to be involved in the present crime is 4 grams of MDMA drug and it does not come under the definition of comme`rcial quantity. Moreover, the petitioner herein was arrested on 10.02.2025 and since then he was languishing in jail.

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On the other hand, learned Assistant Public Prosecutor has not disputed the correctness of the said submission of learned counsel for the Petitioner and submitted that investigation in the present crime is not comple`ted and the petitioner herein involved in two other crimes of this nature.

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Heard. Perused the record,

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6, The contention of the learned counsel for the petitioner is that even according to the case of the prosecution, the contraband alleged to be seized is not of commercial quantity. In support of the said contention, the petitioner counsel placed reliance on section 2(viia) of the NDPS Act which reads as follows:

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(viia) "Commercia/ quantity'', in relation to narcotic drugs and psychotropic substances, means any qyantity greater than the quantity specified by the Central Government by notification in the Officia/ Gazette.''

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Learned counsel for the petitioner also placed reliance on the

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notificatl'on specifying small quantity and co'mmercial quantity.

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"fpe:r_u:.3/oLf_the aPpve q:fi!ition of commercia/ quantity would s=hnoly !!,a.tn!:L :e.I:P:o_nL t: N_a_r_c_3t_clc P,rugs.p nd Psy;ir;t-r-o;;; 'i-i-;s;;vn;:s, arn^yn+qr!:nrt!y^yh!c_h_Li: gr_e!f:r I.han. th_: quintity :PeCifr;i -i;-i-#e C:.!LtLr:a_I Lf?V?rnm.€.nt by^ notification cln the I offici;I i;iJii;-w;;/d-I;a-// w+iLth^in ^tLh_ek!Le_fi!!-!tiO! ,?f ,commercial quantity. The Jrdr;;i;nt-lie;;f thnerl ,,chh^:rrt^/t:^b!:.L_I_h_jC_h _ :nrm:ratis y_a;'lous -nir-ioii-; I -drrv;;;v' I av;d p,:!Lf!LOtr:LP_if _s1!Psta,nces anq pl.so :pecifies the qua;;ii o;-;c2:ou;i'Uof whj:!I e!f!_e_rL.tLh_e_dr!g WOu/d Pe. lass than sma'/i i;;;ti-i ;r--;i;;e:n srmaanl!^Jq,:ra^nJti%.a^!d LC:_I_Percial quantity or conin;i-;ii;/ -;u-a-n-Jii,-I i's reproduced herein be/ow:

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Notification s eci in small uanti and commercia/ uanti

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In ^e£xce:c±:_o.f i_h£e.,_pow:rs_conferreq by clauses (vii-a) and (%fi-a+)^no! 5:fti?f.2^pf_Narcpt.ic Drugs and i;yci;i-r-iic :Jofsltaunl;:s Anctalnll:8m5a !f 1^£of n1^::5!. a nhd, iL!£ :u,PirSe_SS!On 6_f -ill;sr;; -off~-i;;;-n-c-a, DieopoaFrtmaevrn:n:f_rR:^v~e_n^u£ NLPf!fi!c_at!P_n S. O. 5?7ii-i ---ii;eJ a i gru 'j-u;;, 1_33_6L, e_::e_Pt aS .reSP€FtS t_hings done or omitt£J t;-i;d;;a ;Jf:r'e s~u:I+:LuPe_rs_e::!o_P,, .the ,Central Gore_rnment -hi;ei; s-;;c-ifr:=s' v;h-e q+u^an+tfr r_e_n_t_iLf!e! in COlumnS 5 a_nd 6 of the Table -Jel;fri-;o-r:I;;i;-n tf^ t_h_e__pa_r_fotic d.rug. or psychotropic substa;;i-ir:;i;;;I;i i';-'J;'e co,r,r~e_sL£LO!!!nJg e_n_try in .C?lumnS Z t6 4 of the said Tiiii,--;;-thci' s-;a-// qru_3Jnt!f!.3_n_d c_2T_I,er_cial..quantity respectively for thi -;'ur-iJ;iS -;; 'tu;'e said clauses of that section.

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Name of Narcotic Drag and psychotropic Substances (Internationil I nOn- PrOPrieta ry name(INN)	Other non proprietar y name	Chemical name . quantity (in gm.)	Commercia / Quantity (in gm./kg.)

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_.,,-,e- €

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J 2 I i I f i- 6
134 MDMA. 0.5gm 10gm

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A conjoint reading ofsec.lion 2(viia) of NDPS Act and the table would

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show that the quantity more than 10 grams of MDMA would be considered

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to be commercial quantity. In view of the same, this court finds force in the submission of the learned counsel for the petitioner and it is also not disputed by the learned Assistant public prosecutorl

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The petitionerwas arrested on 10.02.2025 and sincethen he is injail. The quantity of MDMA allegedly involved in the present crime is 4 grams, which is non-commercial quantity. since the petitioner is having permanent abode at Visakhapatnam and in view of the aforesaid facts and circumstances of the case, request of the petitioner can be considered for bail.

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Accordingly, the Criminal Petition is allowed. The petitioner shall be released on bail on his executing a personal bond for Rs.ro,000/- (Rupees Ten Thousand only) with two sureties for the like sum to the satisfaction of the learned I Additional District & sessions Judge-Gum-Spec'laI Judge for Trial of Offences under NDPS Act, Visakhapatnam. on release, the petitioner shall appear before the Station House officer concerned, once in a fortnight, for a

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