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NDPS Act | Commercial Quantity Of Contraband Seized, Mere Non-Mentioning Of Exact Weight In FIR Not Fatal To Prosecution Case: Andhra Pradesh HC
Zeb Hasan
11 April 2022 9:15 AM GMT
The Andhra Pradesh High Court recently observed that mere non-mentioning of exact quantity of ganja in FIR will not render prosecution's case meritless, if the amount obtained from the accused is a commercial quantity. Justice Cheekati Manavendranath Roy held that: "In the said facts and circumstances of the case, mere non-mentioning of exact quantity of ganja in F.I.R by itself is...
The Andhra Pradesh High Court recently observed that mere non-mentioning of exact quantity of ganja in FIR will not render prosecution's case meritless, if the amount obtained from the accused is a commercial quantity.
Justice Cheekati Manavendranath Roy held that:
"In the said facts and circumstances of the case, mere non-mentioning of exact quantity of ganja in F.I.R by itself is not fatal to the case of the prosecution. As the quantity of ganja that was seized from the possession of the petitioners is a commercial quantity, the bar and rigour contained in Section 37 of the NDPS Act applies to the present facts of the case."
In the present matter the police had secured commercial amount of Ganja from the car of the accused. When the police got the same weighed, they found that it is 60 KGs of ganja being transported in the said car. Police seized the said contraband and arrested the accused in the presence of mediators. A case was registered against the petitioner under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. This prompted him to move a bail application before the High Court.
The counsel for petitioner argued that the quantity of ganja is not mentioned in the FIR and that it was subsequently stated in the remand that quantity of ganja is 60 KGs and therefore, it is a false allegation.
The Court said that this contention has no merit as the facts of the case show that after ganja was found in the car and after it was seized that the police got the same weighed subsequently and found that it was 60 KGs of ganja.
"There is nothing on record to indicate that the petitioners are not guilty of committing the said offence. On the other hand, as the ganja was seized from the possession of the petitioners while they were transporting the same, the accusation made against them is prima facie well founded. Investigation in this case is still pending."
In view of the above, the court rejected the bail application.
Case Title: Raju Jat Versus The State of Andhra Pradesh
Citation: 2022 LiveLaw (AP) 54
