Back
CHEEKATI MANAVENDRANATH ROY
Shaik Nagool Johny – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Cheekati Manavendranath Roy, J. - This criminal petition under Section 439 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioners on bail.
2. The petitioners are a-3 and a-4 in Crime No.469 of 2021 of Mangalagiri Rural Police Station, Guntur District.
3. a case under Section 8(c) read with Sections 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short 'NDPS' act) was registered against the petitioners along with other accused in the above crime.
4. Briefly stated, it is the case of the prosecution that when the petitioners were transporting 120 KGs of ganja in Mahindra Bolero vehicle that they were apprehended by police and the contraband was seized from their possession. It is disclosed by them that at the instance of a-1 and a-2 that they have been transporting the said ganja in the said vehicle. Therefore, it is stated that the petitioners have committed the aforesaid offence along with other accused.
5. Heard learned counsel for the petitioners and learned additional Public Prosecutor for the State.
6. The contraband involved in this case is 120 KGs of ganja which is a commercial quantity. Therefore, the bar under Section 37
The commercial quantity of contraband and prima facie evidence can be considered as grounds for denying bail under the NDPS Act.
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 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 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 bar under Section 37 of the NDPS act applies to cases involving possession of commercial quantities of drugs, influencing the entitlement to bail.
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 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 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....
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
