SHAKIL ABRAHAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A1 in connection with Crime No.297 of 2021 of V.Madugula Police Station, Visakhapatnam Rural, registered for the offence punishable under 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

(2.) Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

(3.) Learned counsel for the petitioner submits that petitioner is innocent and he visited Aruku as a tourist, but the Police, with an apprehension that he might be ganja smuggler. He submits that the contraband seized in this crime is only 5 Kgs which is not commercial quantity, as such bar under Section 37 of the NDPS Act is not attracted against the petitioner and he is languishing in jail since 05.11.2021. Hence, petitioner's case may be considered for grant of bail.