Mohammed Been Hassan Kolani v. The State Of Telangana

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.10014 of 2021 ORDER:

This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/A.1 in connection with Crime No.1339 of 2021 of Madhapur Police Station, Cyberabad Commissionerate, wherein the petitioner is alleged to have committed the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').

2.

The case of the prosecution is that on 13.11.2021, the SubInspector of Police, Madhapur Police Station, on credible information that some persons are in possession of huge quantity of narcotic drugs, he along with staff proceeded to the premises and found the petitioner/A.1 and A.2 under suspicious manner and on enquiry, they admitted that they are procured the narcotic drugs from A.3 to A.5, who are from Mumbai of Maharashtra State. The police seized 3 packets of MDMA, weighing 03 grams (each packet 01 gram), and arrested the accused under the cover of mediators report. Basing on the said report, the present crime was registered.

3.

Heard Mr.T.Pradyumnakumar Reddy, learned senior counsel, appearing on behalf of petitioner, and learned Additional Public Prosecutor for respondent-State.

LK, J Crl.P.No.10014 of 2021 4.

Learned senior counsel submits that the alleged contraband ganja seized from the petitioner is 02 grams of MDMA, which is not a commercial quantity. It is submitted that the petitioner was arrested on 14.11.2021 and he has no criminal antecedents. It is further submitted that even as per the panchanama, the petitioner has purchased the contraband for consumption, as such, Section 22 of NDPS Act has no application and only Section 27 of NPDS Act applies to the petitioner, which deals with punishment for consumption of any narcotic drug or psychotropic substance. Hence, the petitioner's case may be considered for grant of bail.

5.

On the other hand, learned Additional Public Prosecutor submits that Section 20 of the NDPS Act applies to the petitioner as he is in possession of the contraband. As such, the crime is registered under Section 20(b) of the NDPS Act. He does not dispute the fact that the petitioner has no criminal antecedents and the other accused are already arrested. He further submits that so far ten witnesses were examined and RFSL report is pending. As such, the petitioner is not entitled for bail. 6.

It is appropriate to have a look at Section 27 of the NDPS Act, which reads thus:

27.

Punishment for consumption of any narcotic drug or psychotropic substance.- Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,- (a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous

LK, J Crl.P.No.10014 of 2021 imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and (b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

7.

Taking into the consideration the fact that the contraband that is seized is only 2 grams of MDMA, which is not a commercial quantity, as such, there is no bar under Section 37 of the NDPS Act, and nothing is forthcoming that the petitioner is a habitual offender, this Court deems it appropriate to grant bail to the petitioner.

8.

Accordingly, this Criminal Petition is allowed and the petitioner/A.1 shall be enlarged on bail on his executing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the XII Additional Metropolitan Magistrate at Kukatpally, Cyberabad. On such release, the petitioner shall appear before the Station House Officer, Madhapur Police Station, on every Sunday between 10.00 a.m. and 1.00 p.m. till the trial is completed.

As a sequel, all the pending miscellaneous applications shall stand closed.

__________________________ LALITHA KANNEGANTI, J Date: 03.01.2022 mar