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ANDHRA PRADESH HIGH COURT AT AMARAVATI
Cheekati Manavendranath Roy, J.
Korra Kishore & Ors. – Appellants
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 1486 of 2022
Decided On : 11-03-2022
NDPS Act - Bail Application - The court dismissed the bail application of the petitioners under Section 439 of the Code of Criminal Procedure, 1973, as they 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 32 KGs of ganja in an auto Rickshaw and were apprehended by the police. The contraband was seized from their possession, and a case was registered against them under the NDPS Act.
Finding of the Court:
The court found that the petitioners were in possession of a commercial quantity of ganja, and the accusation against them was prima facie well founded. As the investigation was still pending, the court dismissed the bail application.
Issues: The issue was whether the petitioners were entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, considering the possession of a commercial quantity of ganja and the pending investigation.
Ratio Decidendi: The court applied Section 37 of the NDPS Act, which bars bail for offenses involving commercial quantities of drugs. The court also considered the prima facie well-founded accusation and the pending investigation in denying bail to the petitioners.
Final Decision: The Criminal Petition was dismissed, and the petitioners were not granted bail.
JUDGMENT
Cheekati Manavendranath Roy, J. - This criminal 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-4 in Crime No.140 of 2021 of araku Vally Police Station, Visakhapatnam District.
3. a case under Sections 20(b)(ii)(C) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short 'NDPS' act) was registered against them in the above crime.
4. It is the case of the prosecution that on 17.11.2021 the petitioners herein were found to be illegally transporting 32 KGs of ganja in an auto Rickshaw and at that time they were apprehended by the police and the contraband was seized from their possession in the presence of mediators and under the cover of mediators' report. Therefore, it is stated that the petitioners have committed the aforesaid offence.
5. Heard learned counsel for the petitioners and the learned additional Public Prosecutor for the State.
6. The total contraband that is involved in this case is 32 KGs of ganja which is a commercial quantity. Therefore, the bar under Section 37 of the NDPS act applies to the present facts of the case. There is nothing to indicate on record that the petitioners are not guilty of committing the said offence. On the other hand, as the petitioners were found to be in possession of the said ganja and as they were apprehended by the police while they were transporting the said ganja in an auto Rickshaw, the accusation made against the petitioners is prima facie well founded. Further, 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. Resultantly, the Criminal Petition is dismissed.
The possession of a commercial quantity of drugs under the NDPS Act can bar the grant of bail, especially when the accusation is prima facie well founded and the investigation is pending.
The accused were not entitled to claim default bail as the charge sheet had been filed before the expiry of the stipulated period of investigation under the NDPS Act.
The commercial quantity of contraband and prima facie evidence can be considered as grounds for denying bail under the NDPS Act.
The application of Section 37 of the NDPS act and the prima facie well-founded accusation influenced the court's decision to dismiss the bail petition.
The rigour contained in Section 37 of the NDPS Act applies to cases involving commercial quantities of drugs, and bail may be denied based on this provision and the pending investigation.
The bar under Section 37 of the NDPS act applies to cases involving possession of commercial quantities of drugs, influencing the entitlement to bail.
The commercial quantity of ganja seized and the application of Section 37 of the NDPS Act influenced the court's decision to dismiss the bail petition.
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....
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