Makireddi Sai v. The State Of Ap.,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWELFTH DAY OF MARCH, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HONOURABLE SMT JUSTICE T. RAJANI CRLP.No. 2665of 2018 Between:- I\/akireddi Sai, S/o. Govindu, .. Petitioner/Accused No.2.

AND The State of A.P., Rep. by its Public Prosecutor, High Court at Hyderabad.

... RespondenUComplainant Petition filed under Sections 437 & 439 Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to grant bail in favour of the Petitioner/Accused No.2 in Crime No. 67 registered by SHO, Eleswaram Police Station, Ariamahendravaram, East Godavari Dlstrict.

The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Ch. Dhanamjaya, Advocate for the Petitioner and of Public Prosecuto(AP) on behalf of RespondentState, the Court made the following ORDER :-

SMT JUSTICE T. RA'ANI CRIMINAL PETITION No. 266s oF 2O18 ORDER:

This petition is filed, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, seeking to enlarge the petitioner, who is accused No. 2, on bail in crime No. 67 of 2Ot7 of Eleswaram Police Station, East Godavari District, registered for the offence punishable under Section B (c) read with Section 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').

2.

Heard learned counsel for the petitioner and learned Public Prosecutor (A. P. ).

3.

As per the case of the prosecution, the petitioner/ along with accused Nos. 1 and 3 fo 7, was found to be in possession of 100 kilograms of Ganja. Section 37 of the Act does not permit the Court to grant bail to the accused, where the contraband involved is beyond the commercial quantity.

4.

Learned counsel for the petitioner submits that there are seven accused in this case and that when the quantity is divided among them, it falls below the commercial quantity and hence it cannot be considered as a case involving commercial quantity. In support of his submission, he relies on the orders of this Court dated 08.03.2017 passed in Crl.P.Nos. 1501 and 1508 of 2017 and Crl.P.No. 12155 of 2015, from which it can be understood that this Court took a view that when the quantity of contraband is seized, it has to be divided among the persons, who are fcund to be in possession of such quantity and iF on such division, the

) quantity falls lesser than the commercial quantity, Section 37 of the Act will not be a hurdle for grant of bail. He also submits that accused No. 3 in this case was granted bail by considering the same ratio by virtue of order dated 22-02-2OlB in Criminal Petition No. 262 of 2018. The ratio seems to be rational, since, all the accused dealing with commercial quantity would not be benefited by the proceeds of the whole quantity, but, would be benefited only by the proceeds of their share of contraband, which probably would be equal.

5.

Hence, going by the said ratio, which is rational, the petitioner-accused No.2 is directed to be enlarged on bail on condition of his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial I Class Magistrate, Prathipadu, East Godavari District. The petitioner is directed to appear before the Station House Officer, Eleswaram Police Station, East Godavari District, twice in a week i.e. on every Monday and Thursday between 9 a.m. and 12 noon till filing charge sheet.

6.

The criminal petition is accordingly allowed. Pending miscellaneous petitions if any shall stand closed in consequence. Sd/- li.SAl'Yr\V THI r\SSIS'I RIi, STRAR ,TRUE COPY'

for ASSISTAN REGISTRAR To 'l.The I Additional District and Sessions Judge, East Godavari District At Rajamahendravaram.

2.The Judicial First Class Magistrate, Prathipadu' East Godavari District' 3.The Station HouSe officer, Eleswaram PoIice Station, EaSt GodaVari District. 4.The Superintendent, Central Prison, Raiamahend ravaram, East Godavari District' S.Two Cis to the Public Prosecuto(AP), High Court at Hyd (OUT) 6.One CC to Sri Ch. Dhanamjaya, Advocates(OPUC) 7.One spare copy.

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