APHC010174402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3783/2025 Between: Garesapalli Sanjay ...PETITIONER/ACCUSED AND The Station House Officer ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KROVI LAKSHMI SUVARCHALA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A2, seeking regular bail, in Crime No.748 of 2024 of Patamata Police Station, NTR District. 2. A case has been registered against the petitioner/A2 herein and another for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 2 3. The brief facts of the case are that on receipt of credible information about illegal possession of ganja on 30.09.2024 at 3.00 p.m., both the accused were caught near vacant site at Vikas School Road, Prasadampadu when they tried to escape holding white colour bag and on verification 20.5 kgs of ganja is there in that bag in 10 brown colour packets, and they were arrested and produced before Court and thereafter got the inventory conducted and send the samples to chemical examiner who opined that the samples are of ganja. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that the petitioner father died in the month of December, 2024 and death certificate has been placed and his mother is bed ridden, the petitioner is the only person to take care of her. On the other hand, as seen from the record the contraband said to be involved in this case is 20.5 kgs and investigation is completed and charge sheet is also filed and the petitioner is aged 22 years. Learned Assistant Public Prosecutor, while opposing the prayer of the petitioner on the ground that he has two antecedents. As seen from the material placed on record, there is ambiguity as to from whom the contraband said to be seized. 3 6. The learned counsel for the petitioner submits that the contraband allegedly seized from the possession of the petitioner and others weighs 20.5 kgs. The definition of ganja only includes the flowering or fruiting tops of the cannabis plant and excludes the seeds and leaves when not accompanied by the tops. In support of this contention, the learned counsel for the petitioner referred to a decision reported in Criminal Application (BA) No.602 of 2024, wherein it was observed that the contraband seized in that case weighed 50 kgs. The Court considered this fact, whereas, in the present case, the contraband allegedly seized weighs 20.5 kgs. In the said decision, the Court also stated in paragraph No.7 that "a perusal of the material on record shows that what was seized was the plant, i.e., leaves, seeds, stems, and stalks, and without separating these parts, the ganja was weighed. As the seized material was not weighed after separating the leaves and other parts, and moreover, it was not accompanied by the flowering or fruiting tops, it is difficult to ascertain whether the quantity can be considered commercial." 7. In the same decision, paragraph No.9 also observes, "it is significant to note that the definition of 'ganja' under the NDPS Act includes only the flowering or fruiting tops of the cannabis 4 plant and excludes the seeds and leaves when not accompanied by the tops. Thus, the definition of ‘ganja’ is restricted and does not include the seeds and leaves of the cannabis plant. The panchanama and seizure do not reflect the presence of flowering or fruiting tops of the plant." 8. In the mediators report, it is stated on opening of white colour bag, they noticed dry leaves, flowers, seeds, stems, and stalks weighing about 20.5 kgs. In the light of the observations made in the said decision, it is doubtful as to whether commercial quantity of ganja has been seized. Upon confirmation from the learned Assistant Public Prosecutor that, the investigation has been completed and charge sheet also filed. Considering the fact that petitioner has been in judicial custody from 30.09.2024 and the charge sheet has already been filed, the release of the petitioner/A2 would not hamper the investigation, this Court is inclined to grant bail to the petitioner/A2 on the following conditions: (i) The petitioner/A2 shall be released on executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Vijayawada. 5 (ii) After release, the petitioner shall appear before the Station House Officer concerned, once in a fortnight for a period of two (02) months. (iii) That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation. 9. Accordingly, the Criminal Petition is allowed. _____________________ T. MALLIKARJUNA RAO , J Date.16.04.2025. S D P 6 HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Petition No.3783 of 2025 Dated:16.04.2025 S D P