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ANDHRA PRADESH HIGH COURT AT AMARAVATI
Cheekati Manavendranath Roy, J.
Shaik Nagool Johny & Ors. – Appellants
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 2429 of 2022
Decided On : 13-04-2022
NDPS Act - Bail - The court dismissed the bail petition of the accused under the NDPS Act, considering the commercial quantity of ganja involved and the prima facie evidence against the accused.
Fact of the Case:
The petitioners were apprehended by the police while transporting 120 KGs of ganja, a commercial quantity, and the contraband was seized from their possession.
Finding of the Court:
The court found that the accusation against the petitioners was prima facie well founded, and as the investigation was still pending with an extension granted, the petitioners were not entitled to bail at that stage.
Issues: The main issue was the eligibility of the petitioners for bail under the NDPS Act, considering the commercial quantity of ganja involved and the pending investigation.
Ratio Decidendi: The court's decision was influenced by the commercial quantity of ganja involved, the prima facie evidence against the accused, and the extension granted for the completion of the investigation.
Final Decision: The Criminal Petition for bail was dismissed by the court.
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 of the NDPS act applies to the present facts of the case. There is nothing on record to indicate 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 transporting the said ganja, the accusation made against them is prima facie well founded. Investigation in this case is still pending. Even though, 180 days period of time has been completed, on a petition filed by prosecution, the time for completion of investigation was extended by the trial Court by another 180 days. Therefore, the petitioners are not entitled to bail at this stage.
7. Resultantly, the Criminal Petition is dismissed.
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....
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