Back
ANDHRA PRADESH HIGH COURT AT AMARAVATI
Cheekati Manavendranath Roy, J.
Karra Lakshman – Appellant
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 1422 of 2022
Decided On : 16-03-2022
NDPS Act - Bail Petition - The court dismissed the bail petition of the accused under the NDPS Act, as the quantity of contraband involved was a commercial quantity, and the charge sheet had been filed before the expiry of the stipulated period of investigation.
Fact of the Case:
The accused were apprehended by the police while transporting 70 KGs of ganja in an auto Rickshaw and were charged under the NDPS Act.
Finding of the Court:
The court found that the accused were in possession of a commercial quantity of ganja and that the charge sheet had been filed before the expiry of the stipulated period of investigation, thus dismissing the bail petition.
Issues: Bail petition under the NDPS Act for possession of commercial quantity of ganja and filing of charge sheet before the expiry of the stipulated period of investigation.
Ratio Decidendi: The court held that 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.
Final Decision: The Criminal Petition was dismissed, and the accused 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 and a-2 in Crime No.62 of 2021 of Mothugudem Police Station, East Godavari District.
3. a case under Section 8(c) read with Section 20(b)(ii)(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 the request made by a-2, a-1 supplied 70 KGs of ganja to a-2 and when both of them were transporting the said 70 KGs of ganja in an auto Rickshaw on 07.09.2021, that they were apprehended by the police on that day and seized the contraband from their possession. Therefore, it is stated that the petitioners have committed the aforesaid offence in the above crime.
5. Heard learned counsel for the petitioners and learned additional Public Prosecutor for the state.
6. The quantity of contraband that is involved in this case is 70 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 apprehended by police while they were in possession of 70 KGs of ganja and while they were transporting the same in an auto Rickshaw, the accusation made against them is prima facie well founded. although it is stated that the petitioners have been in judicial custody for more than 180 days, the record reveals that charge sheet has been filed before expiry of 180 days. Therefore, in the facts and circumstances of the case, the petitioners are not entitled to claim any default bail as charge sheet is already filed before expiry of stipulated period of investigation.
7. Resultantly, the Criminal Petition is dismissed.
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 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 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 possession of a commercial quantity of contraband under the NDPS Act can invoke the bar under Section 37, impacting the entitlement to bail.
The decision to grant bail was influenced by the interpretation of the NDPS Act, specifically regarding the small quantity of contraband seized and the absence of evidence of habitual offending.
The court considered the quantity of contraband seized and the petitioner's period of incarceration in granting bail under the NDPS Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
