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2020 Supreme(AP) 381
ANDHRA PRADESH HIGH COURT AT AMARAVATI
Cheekati Manavendranath Roy, J.
Korra Ravi - Appellant
Versus
State Of Andhra Pradesh - Respondent
Criminal Petition No. 3601 of 2020
Decided On : 10-09-2020
Ch Ganga Kumari, Advocate
Accused found transporting commercial quantity of Ganja under N.D.P.S. Act not entitled to bail at the pending investigation stage.
Headnote:
N.D.P.S. Act - Bail Petition - The court dismissed the bail petition of the accused under Sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, as the accused were found illegally transporting a commercial quantity of Ganja and the accusation against them was prima facie well founded.
Fact of the Case:
The petitioners were found illegally transporting 60 kgs of Ganja and apprehended by the police.
Finding of the Court:
The court dismissed the bail petition as the accused were found to be transporting a commercial quantity of Ganja and the accusation against them was prima facie well founded.
Issues: Bail petition under Section 439 of the Code of Criminal Procedure, 1973 for offences under N.D.P.S. Act.
Ratio Decidendi: The bar contained in Section 37 of the N.D.P.S. Act applies to the present facts of the case, and the accused were not entitled to bail at this stage as the investigation was still pending.
Final Decision: The Criminal Petition for bail is dismissed.
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 to A-3 in Crime No.29 of 2020 of Mothugudem Police Station, East Godavari 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 10-07-2020, the petitioners were found to be illegally transporting 60 kgs of Ganja in an auto-rickshaw bearing No.AP 05 TB 6460 and at that time, they were apprehended by the police and the contraband was seized 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 contraband involved in this case is 60 kgs, which is a commercial quantity. Therefore, the bar contained in Section 37 of the N.D.P.S. Act applies to the present facts of the case. There is nothing to indicate on record 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 regarding illegal transportation of said Ganja is prima facie well founded. Investigation in this case is still pending. Therefore, the petitioners are not entitled to bail at this stage.
7. In the result, this Criminal Petition is dismissed.
