LAWS(APH)-2021-5-64

GONDESI APPARAO Vs. STATE OF ANDHRA PRADESH

Decided On May 28, 2021
Gondesi Apparao Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Criminal Petition is filed under Ss. 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A.1 in connection. with Crime No.36 of 2021 of New Port Police Station, Visakhapatnam City, registered for the offences punishable under Sec. 20 (b) (ii) (B) read with Sec. 8 (c), 27 (a) and 27 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

(2.) The case of prosecution is that on 29/1/2021 at 4.45A.M., on receipt of credible information about illegal possession and consumption of Ganja, the Women Sub-Inspector of Police, New Port Police Station, on securing staff and mediators, went to bushes opposite to Bismillah Weighment, new Dibbapalem road of Peda Gantyada Mandal, Visakhapatnam City and found the petitioner and three other accused consuming Ganja i.e. inhaling smoke of dry ganja in a cigar pipe by burning the ganja. As consuming of ganja is an offence, the police arrested them and seized ganja containing in a plastic packet and 4 packets weighing about 1kg 200 gms under the cover of mediator's report. Thee petitioner and other accused were arrested and remanded to judicial custody.

(3.) Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State.