Andhra Pradesh High Court - Amravati
Saripalli Varma Raju vs The State Of Andhra Pradesh on 6 January, 2021
| [ 3240 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI~~ WEDNESDAY, THE SIXTH DAY OF JANUARY; TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI~- CRIMINAL PETITION NO: 6013 OF 2020 Between: Saripalli Varma Raju, S/o Venkata Raju, Age 26 year, R/o D.No.4-48-8, Flat No.202, Hanuman Nivas, Lawsons Bay Colony, Visakhapatnam, N/o. Veripadu Village, Nakkapalli Mandal, Visakhapatnam District Petitioner/Accused No.1--- AND The State of Andhra Pradesh, through Station House Officer, Arilova P.S, Visakhapatnam District rep by its Public Prosecutor, High Court At Amaravati. Respondent, oo Petition under Section§437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/accused no.1 on bail in Crime No.424/2020 on the file i of Arilova P.S, Visakhapatnam City. ~ The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri G. Venkata Reddy, Advocate for the Petitioner and of the Public Prosecutor, High Court of AP, for the Respondent/State and the Court made the following: ----~ ORDER
%, THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 6013 OF 2020 ORDER:-
This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking regular bail to the petitioner/A-1 in connection with Crime No.424 of 2020 of the Station House Officer, Arilova Police Station, Visakhapatnam District, registered for the offences punishable under Sections 20(b), 21(b), 22(a) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act).
2. The case of prosecution is that on 09.09.2020 on receipt of credible information about selling of LSD Blots, the police at about 6.00 PM reached the scene of offence i.e. Araku Coffee & Tea shop opposite to Thenneti Park and found a person sitting on a white coloured Activa vehicle bearing registration No.AP 39 AQ 2428 and on seeing the police, the said person tried to skulk away from the spot. The police apprehended him and on search, the police found two LSD blotters and on further enquiry the petitioner confessed that some more drug is available in his room. The police went to the room of the petitioner and found 3 % LSD blotters and one MDMA measuring 200 milligrams and dry ganja weighing 199.19 grams and further found one Captain GOGO plus Tips OCB sheet. Basing on that, the above crime is registered. The petitioner is arrested and remanded to judicial custody.
3. Heard Sri G.Venkata Reddy, learned counsel on behalf of learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner is languishing in jail from 09.09.2020. He further submits that as far as MDMA measuring 200 milligrams and dry ganja measuring 199.19 grams are not commercial quantity as per the schedule. But as far as 5 % LSD Blots are concerned, he relied on the order passed by the Karnataka High Court in Abhishek Thimmaiah vs. Union of India in Crl.P.No.5259 of 2018, dated 19.09.2018 and submits that in that case 29 LSD blotter papers were seized weighing around 0.57 grams and submits that the drug detection kit result is not being the only analysis which has to be taken into consideration by the Court. But the FSL report has to be considered to find out that they fall under the commercial quantity or not and he further submits that even as per Rule 1.18 of the NDPS Act the FSL report has to be obtained within 15 days from the date of receipt of the sample and in the absence of the report, it cannot be inferred that the seized article is not covered within the provisions of the NDPS Act. Learned counsel further submits that so far FSL report is not received, LSD blotters cannot be considered as commercial quantity as such other products are not covered under commercial quantity and as the petitioner is languishing in jail since 09.09.2020, he may be enlarged on bail.
5. Learned Additional Public Prosecutor submits that basing on the confessional statement of the petitioner/A-1, drugs were recovered and he further submits that investigation is in progress and awaiting for RFSL report. He further submits that the petitioner is selling these drugs to the students, as such the petitioner is not entitled for bail.
Ts, To, ADOAIRWN>= stand closed.
6. On query by the Court about the previous history of the accused, whether he involved in similar nature of offences, the learned Additional Public Prosecutor submits that this is the first offence committed by the petitioner /A-1. Taking into consideration the factors that ganja and MDMA products seized are below the commercial quantity and considering the order of the Karnataka High Court in respect of LSD blots this Court deems it appropriate to grant bail to the petitioner on certain conditions.
7. Accordin petitioner/A-1 gly, this Criminal Petition is allowed. The shall be released on bail in connection with Crime No. 424 of 2020 of the Station House Officer, Arilova Police Station, Visakhapatnam District, on condition of executing self bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for a likesum each to the satisfaction of the Chief Metropolitan Magistrate, Visakhapatnam. The petitioner shall appear before the Station House Officer, Arilova Police Station, Visakahapatnam District once in a week between 10.00 AM and 1.00 PM till charge sheet is filed.
Consequently, miscellaneous applications pending, if any, shall The Chief Metro TRUE COPY!/ politan Magistrate, Visakhapatnam, AP:
The Superintendent, Central Prison, Visakhapatnam, A.P. -- - The Station House Officer, Arilova P.S, Visakhapatnam (by RPAD) One CC to Sri G. Venkata Reddy, Advocate [OPUC] One CC to the Public Prosecutor, High Court of A.P. [OPUG}~ One spare copy | _abogetotonmnsenets smn HIGH COURT LKJ DATED:06/01/2021 ORDER CRLP.No.6013 of 2020 DIRECTION 44 daar pn