Pragada Ganesh v. The State Of Andhra Pradesh
THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.5661 OF 2017 ORDER:
Petitioner, who is A3 in Crime No.62 of 2016-17 on the file of the Station House Officer, Prohibition & Excise Police Station, V.Madugula, Visakhapatnam District, registered for the offences punishable under Section 20 (b) (i) r/w 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), filed this petition under Section 438 Cr.P.C., seeking anticipatory bail 2.
Learned counsel for the petitioner strenuously submitted that nothing was seized from the possession of the petitioner. He further submitted that the petitioner was falsely implicated basing on the confession of co-accused; therefore, it is a fit case to grant pre-arrest bail to the petitioner. Per contra, learned Additional Public Prosecutor representing the State submitted that the petitioner fled away from the spot. He further submitted that investigation is in progress; therefore, it is not a fit case to grant prearrest bail, at this stage, in view of the pendency of the investigation.
3.
The case of the prosecution is that on receiving reliable information, the Station House Officer, Prohibition & Excise Police Station, V.Madugula, proceeded to Mukundapuram village and found three persons in the fields. On seeing the police, one person fled away from the spot. The Excise Inspector apprehended two persons, who disclosed their names as A1 and A2. The Excise Inspector seized 310 Kgs of ganja and drew sample. After completion of necessary formalities, the above case was registered.
4.
The petitioner filed Crl.M.P.No.1317 of 2017 on the file of the Metropolitan Sessions Judge-cum-I Addl. District Judge, Visakhapatnam, under Section 438 Cr.P.C. seeking anticipatory bail and the same was dismissed on 19.05.2017.
5.
In order to appreciate the rival contentions, this court is placing reliance on the following decisions: (i) In STATE OF M.P. V KAJAD1, the Hon'ble apex Court held at paragraph No.5 as follows:
5. ... The purpose for which the Act was enacted and the menace of drug trafficking which it intends to curtail is evident from its scheme. A perusal of Section 37 of the Act leaves no doubt in the mind of the court that a person accused of an offence, punishable for a term of imprisonment of five years or more, shall generally be not released on bail. Negation of bail is the rule and its grant an exception under sub-clause (ii) of clause (b) of Section 37(1). For granting the bail the court must, on the basis of the record produced before it, be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offences with which he is charged and further that he is not likely to commit any offence while on bail.
It has further to be noticed that the conditions for granting the bail, specified in clause (b) of sub-section (1) of Section 37 are in addition to the limitations provided under the Code of Criminal Procedure or any other law for the time being in force regulating the grant of bail. Liberal approach in the matter of bail under the Act is uncalled for. (ii) In COLLECTOR OF CUSTOMS V AHMADALIEVA NODIRA2, the Hon'ble apex Court at paragraph No.
7. The limitations on granting of bail come in only when the question of granting bail arises on merits. Apart from the grant of opportunity to the Public Prosecutor, the other twin conditions which really have relevance so far as the present accused-respondent is concerned, are:
the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. The conditions are cumulative and not alternative. The satisfaction contemplated regarding the accused being not guilty has to be based on reasonable grounds. The expression "reasonable grounds" means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty 1 (2001) 7 SCC 673 2 (2004) 3 SCC 549
of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. ... ...
(iii) The Hon'ble apex Court reiterated the same principle in UNION OF INDIA V SANJEEV V. DESHPANDE 3. 6.
A perusal of the record reveals that ganja was seized from the possession of A1 and A2. The record further reveals that the petitioner fled away from the spot on seeing police. Whether the petitioner was falsely implicated in this case or not will come to light during the course of investigation. The record reveals the role played by the petitioner in the commission of offence. 7.
As per the principle enunciated in the cases cited supra, the court can grant bail to the persons involved in the cases under the Act, if it satisfies that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and even if the accused is released on bail, he will not involve in similar type of offences.
8.
In the instant case, the Police officials seized 310 Kgs of ganja from the possession of the petitioner and other accused, which is a commercial quantity. The material placed before the court is prima facie sufficient to arrive at a conclusion that the petitioner has committed the offence punishable under Section 20 (b) (i) r/w 8(c) of the Act. If the petitioner is released on bail, the possibility of involving in similar type of cases cannot be ruled out completely. Moreover, the learned Additional Public Prosecutor submitted that the investigation is in progress. 3 (2014) 13 SCC 1
9.
Taking into consideration the gravity of the offence alleged to have been committed by the petitioner and also the principle enunciated in the cases cited supra, I am of the considered view that it is not a fit case to grant bail to the petitioner at this stage.
10. Accordingly, the Criminal Petition is dismissed. _________________________ T.SUNIL CHOWDARY, J DATED: 10-10-2017 Hsd