Accused involved in offences under the NDPS Act, especially with commercial quantity of contraband, may not be entitled to bail at the investigation stage if the accusation is prima facie well founded.

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.155 of 2020 of Atkuru Police Station, 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 "NDPS Act").

4. It is the case of the prosecution that on 21.06.2020, the petitioners were found to be illegally transporting 102 kgs of Ganja in a Honda City car bearing registration No.HR 26 BA 1696 and at that time they were apprehended by the police and 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 102 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 on record to hold that the petitioners are not guilty of commission of the said offence. 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, the petitioners are not entitled to bail at this stage.

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