Andhra Pradesh High Court - Amravati
Shaik Mohammed Shahid Afridi Hafeez vs The State Of Ap on 29 September, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
[ 2607 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO: 4080 OF 2020 Between: Shaik Mohammed Shahid Afridi @ Hafeez, S/o S.Md.Rafi, Age 20 years, Occ: Student of B.Pharmacy, R/o D.No 8/13-1, Near Raj Function Hall, Ravindra Nagar, Kadapa, YSR Kadapa District, Andhra Pradesh. ...Petitioner/Accused No.2 AND The State of AP, Through the Station House Officer, Kadapa Taluka Police Station, Rep. by the Public Prosecutor High Court of AP, at Amaravathi .. Respondent/Complainant Petition under Section 437 and 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed-in-suppert of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused No.2 on bail in Crime No.181 of 2020 of Kadapa Taluka Police Station, Kadapa District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri V.R.Machavaram, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following. ORDER:
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.4080 OF 2020 ORDER:
This petition is filed under Sections 437 & 439 Cr.P.C to enlarge the petitioner/A.2 on bail in connection with Cr.No.181/2020 on the file of Kadapa Taluk Police Station, Kadapa District, for the alleged offence punishable under Section 20(b)(ii)(c) of NDPS Act, 1985.
2. The case of prosecution in brief is that on 25.07.2020 at about 4.00 p.m on receipt of credible information, the Inspector of Police, his staff and Panchayatdars proceeded to Kiran Bazar, Ravindra Nagar, Kadapa, where they found one person (A.1) standing with a black plastic bag and on seeing the police, she tried to skulk away and on that police surrounded and apprehended her. On interrogation, A.1 revealed her identity particulars and confessed before them that the petitioner/A.2 supplied Ganja to her to sell the same to the needy persons. Then the police arrested her and seized the 1250 grams of Ganja and cash of Rs. 200/- from her and arrested her under the cover of Panchanama and registered the above case. The police arrested the petitioner/A.2 on PT warrant on 19.08.2020 and remanded him to judicial custody.
3. The petitioner's main contention is that he is totally innocent of offence of selling Ganja, police implicated him unnecessarily without any reasonable ground. The quantity of Ganja is 1250 grams and cash of Rs.200/-, which is being allegedly seized by the police from the possession of A.1 and the petitioner/A.2 and it is not the commercial quantity. The petitioner / A.2 is a student prosecuting final year B.Pharmacy at Nellore. Hence, the petitioner/A.2 approached this Court for granting regular bail. 'a % fe Soa, e we
4. The nature and gravity of the accusation and the exact role of the petitioner/A.2 must be properly comprehended. To attract the offence punishable under 20(b)(ii)(c) of NDPS Act, 1985, there must be some material to show that the alleged Ganja consisting of narcotic substances endangered to the life of human being, but no such allegation is found in the entire material including the mediator's report. As the Ganja seized from the possession of petitioner is not the commercial quantity, Section 37 of NDPS Act, 1985 has no application.
5. Therefore, prima facie, I find no material against the petitioner/A.2 to establish the offence punishable under 20(b)(ii)(c) of NDPS Act, 1985 and that quantity of Ganja found in possession of the petitioner/A.2 is not a commercial quantity, consequently Section 37 of NDPS Act, 1985 has no application. Therefore, taking into consideration of the facts and circumstances of the case, including the languishing of petitioner in jail since 19.08.2020 for possessing Ganja, the petitioner/A.2 can be enlarged on bail.
6. In the result, Criminal Petition is allowed granting bail to the petitioner/A.2 on executing a self-bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the Court of the Special Judicial Magistrate of I Class for Prohibition & Excise Offences, Kadapa, Kadapa District.
Consequently, miscellaneous applications pending, if any, shall also stand closed.
Sd/- R. KARTHIKEYAN ASSISTANT REGISTRAR IITRUE COPY! by For ASSISTANT REGISTRAR To,
1. The Special Judicial Magistrate of 1°' Class for Prohibition of Excise Offences, Kadapa.
The Superintendent, Central Prison, Kadapa, Kadapa District. The Station House Officer, Kadapa Police Station, Kadapa District. One CC to Sri. V.R.Machavaram, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy OaAkwh MM HIGH COURT MSMJ DATED:29/09/2020 ORDER CRLP.No.4080 of 2020 DIRECTION % "G s