Allowed

Kodi Ajay Kumar , Pandu and another v. State of Ap.

Telangana HC8 Mar 2018CRLP/2262/2018

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh allowed bail for two accused persons charged under the NDPS Act for possession of 40 kgs of ganja. The Court held that since the seized quantity divided among the accused fell below commercial limits, Section 37 did not bar bail.

What did the court decide?

Bail granted to accused Nos. 2 & 4 on personal bond of Rs. 20,000 each with two sureties; custody conditioned on appearance before SHO twice a week.

Kodi Ajay Kumar , Pandu and another Vs State of Ap. — Narcotics (NDPS) | Telangana HC (2018)

¶1

|^26e0 |

¶2

IIIGH COURT OIi JtJI)IC]ATURI'] AT HYDERABAD FOll I'HIi S]',\TE Ol- ]'ELAN(;Ah-A r\ND l'l'll'l S'fAl'U OI ANDIIRA Plt,\Dl']Sll

¶3

THURSDA','IHE EICHTH DAY OF NTAI(CH TWO THOUSAND AND ETCHTEEN

¶4

:l)RIiSENT:

¶5

TIIE HON'I}I,E SNII-.IUS'f I(]I' I-. R.\JANI

¶6

(lRIlllN,\1. PE-l-l'l lO)i NO: 2262 Olr 20lll

¶7

lletrvccrr:

¶8

l. Kodi Ajva Kurnar (a) Pandu, S/o.Raju 2. Baclrakshi Chitalu, S/o.VeerababLr

¶9

....llctitioners/Accrrscrl \o.2&.4

¶10

,,\ND

¶11

The State olA.P., Rep.by the Public Plosccutor, Iligh C'ourt o1'Hyderabad, through l(otanandunr Polise Station, Visakhapatnan.r District.

¶12

.. ..Rcspondent/Conrpl:rin an t

¶13

Petition Lrnticr Sections 437 & {39 o1^('r'.P.C, praving thlt irr the circunrstances statecl in the atllclavit filerl in support of thc^('riminal Petition, tlrc llig)r⁽ our1 lray bc pleasctl to enlarge the pelitioncr on Rcgular Bail to thc pct itiorrels,'accusr:d No.2&.1 in Crinre No.ll o1'l0llt of I(otananrluru Policc Station, East Cotlavari District, R a.jamahenrl avaraur, datcd ) 7.01 .201 11.;

¶14

'lhc petilion corning on ftrr hearing, upon perusing tlie Pt:tition and thc atJiclavit Illccl in suppo|t thereof anrl upon hearing thc argurlrcnts o1'SRAV,,\N I(UMAII NAIDANA Aclvocate tirr' the Petitiouer and olthe Public ProsccLrkrr (AI)) tirr l{esl.rorrrlent

¶15

'lhe ( ourt nr:rrlc tlrc fol[qu'ing Orrlcr:

¶16

SMT JUSTICE T.RAJANI

¶17

CRIMINAL PETITION No.2262 OF 2018

¶18

ORDER:

¶19

This Criminal Petition is fited seeking for grant of bait to the petitioners, who are accused Nos.2 & 4, in Crime No.21 of 2018 on the fite of the Kotananduru Potice Station, Visakhapatnam District.

¶20

The offence atteged is under Section 8(c) r/w 20(b)(ii) of the Narcot'ic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').

¶21

Heard the learned counsel for the petitioners, learned PubLic Prosecutor appearing for the respondent-State, and perused the record.

¶22

The case of the prosecution is that 40 kgs of ganja attogether is seized from accused^'l to 4. Section 37 of the NDPS Act does not permit the Court to grant bait to the petitioners/accused Nos.2 & 4, where contraband invotved is commerciaI quantity.

¶23

Learned counse[ for the petitioners submits that there are four (4) accused in th'is case and that when the quantity seized is divided among them, it falts betow the commerciaI quantity and, hence, it cannot be considered as a case

¶24

4v0"-

¶25

¶26

invotving commerciaI quantity. ln support of his submission, he reties on the orders of this Court, dated 08.03.2017,^passed in Crimina[ Petition Nos.'1 501 and 1508 of 7017 and Criminat Petition No.12'l 55 of 201 5; from which, it can be understood that this Court took a view that when the^quantity of contraband is seized, it has to be equatty divided among the people, who were found to be in possession of such quantity and, if, on such division, the quantity fatts lesser than the commercia[ quantity, Section 37 of the NDPS Act witI not be a hurdte for grant of bait. The ratio seems to be rationa[, since, att the accused deating with commerciaI^quantity would^not be benefited by the proceeds of the whote quantity, but, woutd be benefited onty by the proceeds of their share of contraband, which probabty woutd be equat.

¶27

Hence, considering the above, this Court opines that this is a fit case for grant of bait to the pet'itioners/accused Nos.2 &. 4. Accordingly, the CriminaL Petition is attowed and the petitioners/accused Nos.2 & 4 are directed to be entarged on ba'i[ on their executing a persona[ bond each for a sum of Rs.20,000/- (Rupees twenty thousand onty) with two sureties for a like sum each to the satisfaction of the ll Additionat Judiciat First Ctass Magistrate, Tuni. Further, the petitioners/accused Nos.2 & 4 are directed to appear before the Station House Officer, Kotananduru Potice Station,

¶28

¶29

Visakhapatnam District, twice in a week i.e., on every Monday and Wednesday in between 10:00 A.M. and 05:00 p.M. titt fiting of the charge sheet.

¶30

As a sequel, the miscetlaneous pending, shatt stand closed.

¶31