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CHEEKATI MANAVENDRANATH ROY
Arun Kumar Mahipal Singh – Appellant
Versus
State – 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 the sole accused in Crime No. 192 of 2021 of Special Enforcement Bureau Station, V.Madugula, Visakhapatnam 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 the petitioner in the above crime.
4. As per the prosecution case, on 29.07.2021, when the petitioner was illegally transporting about 55 KGs of ganja in a car that he was apprehended by the police and the contraband was seized from his possession. Therefore, it is stated that the petitioner has committed the aforesaid offence.
5. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
6. The petitioner was arrested on 29.07.2021 and since then he has been languishing in jail for the last more than 240 days period of time. As per the submission made by learned Additional Public Prosecutor, the entire investigation in this case is completed and charge sheet was also filed. Therefore, in the said facts and circumstances
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 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 ....
The completion of the investigation and the prolonged incarceration of the petitioner influenced the court's decision to grant bail.
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