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CHEEKATI MANAVENDRANATH ROY
Dinesh @ Dinesh – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
1. This criminal petition under Section 439 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioner on bail.
2. The petitioner is A-1 in Crime No.22 of 2022 of Kotaurtala Police Station, Visakhapatnam District.
3. A case under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS' Act) was registered against the petitioner along with other accused in the above crime.
4. It is the case of the prosecution that when A-1 and A-2 were found to be in illegal possession of 6 KGs of ganja and at that time they were apprehended by the police and the contraband was seized from their possession. After their arrest, they disclosed that A-3 has supplied the said ganja to them. Therefore, it is stated that the petitioner along with other accused has committed the aforesaid offence.
5. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
6. The quantity of contraband involved in this case is 6 KGs of ganja which is not a commercial quantity. Therefore, the bar under Section 37 of the NDPS Act has no application to the present facts of the case. The record reveals that
The non-commercial quantity of contraband and the progress in the investigation are important considerations in granting bail under the NDPS Act.
The non-applicability of the bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act due to the quantity of contraband and the imposition of specific conditions for bail to ensure ....
Granting bail based on completion of investigation and filing of charge sheet, while also considering the apprehension of the petitioner absconding due to residency in another state.
The quantity of seized drugs being a commercial quantity is a crucial factor in determining the grant of bail under the NDPS Act.
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 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 main legal point established in the judgment is that the quantity of the seized contraband and its classification as a commercial quantity under the NDPS Act influenced the court's decision in gr....
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