Possession Of 16 Kg Ganja Does Not Attract The Bar Under Section 37 Of NDPS: Andhra Pradesh High Court Grants Bail To Accused

Justice Cheekati Manavendranath Roy observed :

"The contraband involved in this case is 16 kgs of Ganja which is not a commercial quantity. Therefore, the bar under Section 37 of the Act is not applicable to the present facts of the case."

The petitioner was found to be in illegal possession of 16 kgs of Ganja that he was apprehended by the police and the contraband was seized from his possession.

Keeping in view the fact that the petitioner had been languishing in jail for the last more than 70 days, and there has been considerable progress in investigation, the Court was of the view that the petitioner is entitled to bail.

The Court also imposed some conditions while granting bail to the person keeping in view the apprehension expressed by the learned Additional Public Prosecutor that the petitioner may abscond and it would be difficult for the police to nab him to secure his presence for trial.

Accordingly, the court allowed his bail application with condition that he executes a self bond for Rs.2,00,000/- with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, S.Kota. The sureties shall be the local sureties who shall be permanent residents of Vizianagaram District. They shall be solvent sureties, court said.

"On his release, the petitioner shall report before the Station House Officer of S.Kota Police Station, daily between 10.00 A.M and 05.00 P.M., till the charge sheet is filed in this case. Thereafter also, he shall report before the Station House Officer of S.Kota Police Station once in a month on 2nd day of every succeeding month till the trial of the case is concluded and the case is disposed of in the trial Court. The aforesaid conditions are imposed to ensure the presence of the petitioner during the course of trial, in view of the apprehension expressed by the learned Additional Public Prosecutor as discussed supra."

The court also held that the petitioner shall scrupulously comply with the above conditions and any infraction of the same will be viewed very seriously and it also entails cancellation of bail.

Case Title: NANDURKAR SATISH DOWLATHRAO v. STATE REP BY THE PUBLIC PROSECUTOR

Citation: 2022 LiveLaw (AP) 59

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