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CHEEKATI MANAVENDRANATH ROY
Nandurkar Satish Dowlathrao – Appellant
Versus
State Rep By Public Prosecutor – 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.28 of 2022 of S.Kota Police Station, Vizianagaram District.
3. A case under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') was registered against him in the above crime.
4. It is the case of the prosecution that when the petitioner was found to be in illegal possession of 16 kgs of Ganja that he was apprehended by the police and the contraband was seized from his possession.
5. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
6. The contraband involved in this case is 16 kgs of Ganja which is not a commercial quantity. Therefore, the bar under Section 37 of the Act is not applicable to the present facts of the case. The petitioner has been languishing in jail since 31.01.2022 for the last more than 70 days period of time. Record reveals that there is considerable progress in the investigation. Therefore, the petitioner is entitled to bail. However, in view of the apprehension expressed by the le
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 non-commercial quantity of contraband and the progress in the investigation are important considerations in granting bail under the NDPS Act.
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.
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