Andhra Pradesh High Court - Amravati
B Narendra Babu vs State Of Andhra Pradesh on 12 December, 2019
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
1
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Criminal Petition No. 7467 of 2019
ORDER :
This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') to enlarge the petitioner on bail.
02. The petitioner is A.1 in Cr.No. 382 of 2019 of Visakhapatnam II Town Police Station.
03. The alleged offences against the petitioner are under Sections 20 (b) (II) ( c) of N.D.P.S Act and sections 27 (a) & 28 of the Cosmetic and Drugs Act.
04. It is the case of the prosecution that the petitioner, who is A.1, along with other accused, was found to be in illegal possession of 2.4 Kgs of ganja along with MDMA powder and LSD Blot and he was apprehended along with the contraband. It is the further case of the prosecution that the petitioner has been bringing the said contraband from Bangalore and selling the same to the students of the college. Therefore, he has committed the aforesaid offences.
05. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
06. Learned counsel for the petitioner would submit that the quantity of ganja involved in this case is 2.4 kgs only and it is not a commercial quantity. Even the MDMA powder and LSD Bolt is also of non commercial quantity. So, the rigour of 2 Section 37 (A) of the Act is not applicable to the present facts and circumstances of the case. In support of his contention, he relied on the judgment of the Karnataka High Court in the case of Ashley Braison Dsouza v State of Karnataka rendered in Criminal Petition No.849 of 2013, dt. 21.03.2013. He would further submit that the petitioner has been in judicial custody since 23.10.2019 and there is considerable progress in the investigation and thereby prayed for grant of bail to the petitioner.
07. Learned Additional Public Prosecutor vehemently opposed the criminal petition. He would submit that the petitioner, who is A.1, is a habitual offender in committing the offences of like nature and he was also involved in another case of similar nature. He would further submit that even though the quantity of ganja and other contraband is not a commercial quantity, as it is a case where the petitioner has been brining the contraband from Bangalore and selling the same to the students of the college, in view of the seriousness of the said allegations and in view of the facts and circumstances of the case that it is not a fit case to grant bail to the petitioner. So, he would pray for dismissal of the petition.
08. Perused the record.
09. It is the case of the prosecution that the petitioner was found to be in illegal possession of 2.4 kgs of ganja and other contraband i.e., MDMA Powder and LSD Bolt etc., According to 3 the prosecution, he has been brining the said contraband and other drugs from Bangalore and thereafter selling the same to the students of the college to make out profit from the same. So, the conduct of the petitioner in selling the said drugs to the students of the college is a matter of serious concern, which the Court has to take into consideration. Therefore, even though the quantity that was involved is not the commercial quantity, having regard to the seriousness of the allegations and in the facts and circumstances of the case, and more particularly, as it is a case where he has been selling the drugs to the students of the college and as he is also involved in another crime of similar nature, this Court is not inclined to grant bail to the petitioner. As per the submissions of the learned Additional Public Prosecutor, the investigation in this case is still at the threshold and it is pending.
10. Accordingly, the Criminal Petition is dismissed.
____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Dt.12-12-2019 eha 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Criminal Petition No. 7467 of 2019 DT. 12-12-2019 eha