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2025 Supreme(SC) 1975

MANMOHAN, N. V. ANJARIA
Union Of India – Appellant
Versus
Namdeo Ashruba Nakade – Respondent


Advocates Appeared:
For the Petitioner: Mr. S D Sanjay, A.S.G., Mr. Gurmeet Singh Makker, AOR Mr. Rajat Nair, Adv., Ms. Mili Baxi, Adv., Mr. Akshay Amritanshu, Adv. Mr. Nisarg Choudhary, Adv. Mr. Pallav Mongia, Adv., Mr. Gurmeet Singh Makker, AOR
For the Respondent: Mr. Dilip Annasaheb Taur, AOR

ORDER :

1. Leave granted.

2. The appeal has been filed challenging the judgment dated 11.03.2025 passed by the High Court of Andhra Pradesh at Amaravati in Criminal Petition No.727 of 2025 whereby the High Court granted bail to the Respondent in S.C. No.144 of 2024 for offences under Section 8(c) read with Sections 20, 28 and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short).

3. The High Court while granting bail has held that investigative needs are over as the chargesheet stands filed on 03.05.2024. It has further held that the trial before the special Court is unlikely to take place in the immediate future and the Respondent’s continuous availability for smooth conduct of trial has been assured by his elder brother who is a Sepoy in the Indian Army.

4. The relevant facts of the case are that 731.075 kilograms of ganja valued at 2.91 Crore (which constitutes commercial quantity under the NDPS Act) was recovered from a lorry which was being driven by the Respondent and also owned by the Respondent.

5. Learned Additional Solicitor General for the State submits that the High Court has not provided justification for waiver of mandatory condition under S

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