The bar under Section 37 of the N.D.P.S. Act applies to cases involving commercial quantity of drugs, and prima facie evidence of guilt can be a basis for denying bail at an early stage of investigation.

JUDGMENT

Cheekati Manavendranath Roy, J. - This petition is filed under Section 439 of the Code of Criminal Procedure, 1973, to enlarge the petitioners on bail.

2. The petitioners are A-1, A-2, A-3 and A-5 in Crime No.506 of 2020 of Machavaram Police Station, Vijayawada, Krishna District.

3. The offences registered against them are under Sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act").

4. It is the case of the prosecution that on 20-06-2020, the petitioners were found to be in illegal possession of huge quantity of 494 kgs of Ganja while transporting the same in a car and at that time, police have apprehended them and seized the contraband from their possession. Therefore, they have committed the aforesaid offences.

5. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor.

6. The quantity of Ganja involved in this case is 494 kgs of Ganja, which is a commercial quantity. Therefore, the bar under Section 37 of the N.D.P.S. Act applies to the present facts of the case. There is nothing to indicate that the petitioners are not guilty of commission of the said offences. On the other hand, the record reveals that the accusation made against the petitioners is prima facie well founded. Investigation in this case is still pending. Therefore, in the facts and circumstances of the case, the petitioners are not entitled to bail at this stage.

7. In the result, this Criminal Petition is dismissed.