Section 41 (a) of CrPC also applicable to NDPS Act: AP HC

VIJAYAWADA: The Andhra Pradesh High Court has said that Section 41 (a) of CrPC is applicable to crimes registered under Narcotic Drugs and Psychotropic Substances Act in addition to IPC.

A single-judge bench, headed by Justice C. Manavendranath Roy, recently pronounced a verdict in a case stating that if a jail term was imposed for less than seven years in cases booked under provisions of NDPS Act, investigation authorities could serve notices to the accused under Section 41 (A) of CrPC.

The case deals with booking a case under Section 20 (b)(2)(c) of NDPS Act on Bengaluru-based K. Renjith and others by Chittoor police after finding 100 gms packets of ganja in their vehicle. As the accused moved the HC seeking an interim order to strike-off the police case and direction to stop further action against him and other accused, the single bench was hearing the case.

The petitioner's counsel Majji Suribabu submitted that his client had just 600 gm of the banned substance. He said that if the crime was proved against him, he was liable for a one-year jail term under Section 20 (b)(2))(a) of NDPS Act and submitted to the court to issue directions to the police to serve notices under CrPC section 41 (a) to the accused.

However, additional public prosecutor S. Dushyant Reddy opposed it by saying that the notice served under Section 41 (a) was not applicable to the cases booked under NDPS Act.

After hearing both the parties, the court observed that the Centre had made it clear that 1,000 gms of ganja was a small quantity and 20 kgs of ganja was commercial quantity and said that as only 600 gms of ganja was found with the petitioner, booking of Section 20 (b)(2)(c) of NDPS Act was not correct and the petitioner should be booked under only 20 (b)(2)(a) of NDPS Act.