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CHEEKATI MANAVENDRANATH ROY
Mohmad Wajid – 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 petitioner on bail.
2. The petitioner is a-3 in Crime No.300 of 2020 of Golugonda Police Station, Visakhapatnam District.
3. a case under Sections 20(b)(ii)(C) and 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short 'NDPS' act) was registered against the petitioner in the above crime along with other accused.
4. as the petitioner is not turning up for hearing in this matter, the matter is posted to today under the caption for 'orders'. Yet, there is no representation on behalf of the petitioner. Therefore, the matter is being disposed of on merits after hearing the learned additional Public Prosecutor.
5. It is the case of the prosecution that on 11.11.2021, 500 KGs of ganja was found in a car. Subsequently, when one of the accused in the present crime was arrested, he disclosed that he along with the petitioner herein and other accused in the present crime are transporting the ganja in the said car. Therefore, it is stated that the petitioner has committed the aforesaid offence along with other a
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 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 commercial quantity of contraband and prima facie evidence can be considered as grounds for denying bail under the NDPS Act.
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 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 bar under Section 37 of the NDPS act applies to cases involving possession of commercial quantities of drugs, influencing 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 court considered the quantity of the seized contraband and the provisions of the NDPS Act in granting bail to the petitioner/A-2.
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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