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D. RAMESH
Shivasaranappa – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
D. Ramesh, J. - This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/a-1 and a-2 in connection with Crime No.407 of 2021 of Chodavaram Police Station, Visakhapatnam District for the offences punishable under Sections. 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short 'NDPS act').
2. Heard learned counsel for the petitioners and the learned assistant Public Prosecutor for the respondent-State.
3. The case of prosecution is that on 28.11.2021 at 8:45 hours, on receipt of a credible information about illegal transportation of ganja, the Sub-Inspector-153 of Chodavaram Police Station along with his staff and mediators rushed to out gate of RTC bus complex, Chodavaram and found the petitioners. The police apprehended them and seized 8 kgs of ganja from them under the cover of mediators report. Basing on the same, the present case is registered.
4. Learned counsel for the petitioners submits that the petitioners are falsely implicated in the case. Moreover, as per the mediators report, it was only the Ganja leaves that were seized from the pet
The court's decision was influenced by the interpretation of the provisions of the NDPS Act, particularly the definition of ganja, in determining the eligibility for bail in the case.
The court considered the quantity of contraband seized and the petitioner's period of incarceration in granting bail under the NDPS Act.
The main legal point established in the judgment is that the small quantity of contraband seized and the prolonged incarceration of the petitioners were influential factors in granting bail under the....
The court may grant bail to the accused under certain conditions, considering the completion of investigation and the prolonged detention of the accused.
The court considered the quantity of the seized contraband and the provisions of the NDPS Act in granting bail to the petitioner/A-2.
The court considered the quantity of the seized substance and the stage of the investigation in granting bail under the NDPS Act.
The quantity of contraband seized and evidence of habitual offending are crucial factors in determining bail under the NDPS Act.
The court considered the quantity of the seized contraband, the petitioner's status as a student with an upcoming examination, and the absence of a bar under Section 37 of the NDPS Act in granting ba....
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