Allowed

Shaik Gulzar v. The State of A.P.

Telangana HC6 Mar 2018CRLP/2194/2018

Case brief

AI extract

What is this about?

The High Court allowed a bail petition for an accused under the NDPS Act. The Court held that since dividing the seized quantity among four accuses results in a non-commercial quantity, Section 37 of the NDPS Act does not bar bail. The petitioner was released on a personal bond.

What did the court decide?

Petitioner enlarged on bail on personal bond for Rs. 20,000; to appear twice weekly before SHO, Krishna Lanka PS, Vijayawada, pending charge sheet.

Shaik Gulzar Vs The State of A.P. — Narcotics (NDPS) | Telangana HC (2018)

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HIGH COURT OF JUDICA'I'URE AT TIYDERABAD FOR THE STATE OF TELANGAN.\ AND TIIE STA'IE OT.'ANDHRA PRADESII TUESDAY, THE SIXTH DAY OF MARCI I TWO THOUSAND AND EICHTEEN

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:l'l{ESENT:

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TIIE IION'BI,E SNIT..IUSTICE T. I{,\J.\NI

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CRINII\AL Pl'-]'lTI0\ NO: 219{ OI.-20ttt

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Betrveen:

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Shaik Gulzar W/o Nazeer

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Petitioner/Accused No.8

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AND

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The Statc of Anclhra Pradesh, rep. by its Public Prosecutaor, I{igh Courl, Hyderabad.

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Respondent/Complainarrt

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Petition under Sections 437 & 439 of Cr.P.C., praying that in the circurnstances stated in the petition and tl.re grounds filed herein, the High Court nray be pleased to release the petitioner/Accused No.8 on bail in Crirnc No. 70 of 2018 on the llle ot' Krishna Lanka Police Station, Vijayawada, in the interest ofjustice;

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Counsel lbr the I'ctitioncr SN,IT. Y.L.SHIVA I{ALPANA REDDY

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Counsel for thc Rcspondent

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PLTBLTC PIIOSECUTOn, (AP)

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The Court made the lbllorving:

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SMT JUSTICE T.RAJANI

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CRIMINAL PETITION No.2194 OF 2018

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ORDER:

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This Crimineil Petition is filed seeking for grant of bail to the petitioner, who is accused No.B, in Crime No.70 of 2018 on the file of the Station House Officer, Krishna Lanka Police Station, Vijayawada, Krishna District.

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The offence alleged is under Section B(c) R/w.20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short,^'the NDPS Act').

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Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record.

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The case of the prosecution is that^'161 K.Gs of^ganza attogetnerlis seized from 8 accused. Section 37 of the NDPS Act does not perrit ttre court to grant bail to the petitioner/accused No.8, where contraband involved is commercial quantity.

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5., Learned counsel for the petitioner submits that there are 8 accused in this case and that when the quantity seized is divided among them, it falls below the commercial quantity and, hence, it cannot be considered as a case involving commercial quantity. ln support of his submission, he relies on the orders of this Court, dated 08.03.2017, passed in Criminal Petition Nos.1501 and 1508 oI 2017 and Criminal Petition No.12155 of 2015; from which, it can be understood that this Court took a view that when the quantity of contraband is seized, it has to be equally divided among the people, who were found to be in possession of such quantity and, if, on such division, the quantity falls lesser than the commercial

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quantity, Section 37 of the NDPS Act will not be a hurdle for grant of bail. The ratio seems to be rational, since, all the accused dealing with commercial quantity would not be benefited by the proceeds of the whole quantity, but, would be benefited only by the proceeds of their share of contraband, which probably would be equal.

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The contention of the learned Public Prosecutor, that the petitioner is a habitual offender and involved in other crimes, is refuted by learned counsel for the petitioner by saying that she has been acqultted in two of the crimes, which alone were registered against her.

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Hence, considering the above, and the fact that the petitioner is languishing in^jail since 30.01.2018, this Court opines that this is a fit case for grant of bail to the petitioner/accused No.8. Accordingly, the Criminal Petition is allowed and the petitioner/accused No.B is directed to be enlarged on bail on her executing a personal bond for a sum of Rs.20,0001 (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the ll Additio'nal Chief Metropolitan Magistrate, Vijayawada. Further, the^{petitroner/accused} No.B is directed to appear before the Station House Officer, Krishna Lanka Police Station, Vijayawada, twice in a week Le., on every Monday and Wednesday in between 10:00 A.M. and 05:0p P.M. till filing of the charge sheet.

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As a sequel, the miscellaneous applications, if any pending, shall stand closed.

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SD/-^{NI. RAIVIANAI{RISHNA} ASSIS'TAN'I'^{RticS f IU\R}

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,TRUE COPY//

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For ASSISTANT^RECISTRA R

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l. The Metropolitan^{Sessions Jutlge-cum SpccialJudgetbr Trial of NDPS Act Cases'} ' vjj;;;;;il. Krishna District '-

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The^{ll Adcll.Chief Met'opoii'onMagistrote'VijayawcdaCitv' Krishna District'} 3. The^{Stationuou." orilt"']i<'i'it"tit"t" p"rrit;1"i"1.r'Vrjavawada' KrishnrDistrict} ;. ii; ;;;;;i;i.nJ"nt,^{oi't'i"tJ ail' V ijrvarvade' Ktishta.District"-} 5. Two^{CCsto Public oror".,ioi iiniiitgftcoutt of Judicaturc'at Hvderabad (oUT)'-} i. """ CCa^{S,"t.Y'L'ShivaKalpana Rlrldy' Advocate(OPUC)-'>} 7. one^{SPare CoPY} .,.-

IIIGII COURT

TR,J

DATE:06-03-201tl

ORDER

CRL.P. NO. 2194 0F 20 l8

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Br\lL