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CHEEKATI MANAVENDRANATH ROY
M. Mohanraj S/o Manoharan – Appellant
Versus
State of Andhra Pradesh – 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 A-5 in Crime No. 190 of 2021 of Eluru Rural Police Station, West Godavari District.
3. A case under Sections 420, 471, 468 read with Section 34 of the Indian Penal Code, 1860 and 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 him along with other accused in the above crime.
4. Briefly stated, it is the case of the prosecution that on 15.06.2021 when the petitioner herein who was A-5, and A-4 were transporting 200 KGs of ganja in two Auto Rickshaws at the instance of A-1 to A-3 that they were apprehended by the police and the contraband was seized from their possession. 100 KGs of ganja was found in one Auto Rickshaw in which the petitioner was travelling an another 100 KGs of ganja was found in another Auto Rickshaw in which A-4 was travelling. Therefore, it is stated that the petitioner herein along with other accused has committed the aforesaid offence.
5. Heard learned counsel for the petitioner and learned Additional Public Pr
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 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.
Where charge-sheet is not filed within 180 days as contemplated under Section 36-A(4) of NDPS Act and even within extended time, indefeasible right accrues to petitioners to seek bail under Section 1....
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 main legal point established in the judgment is that the failure of the police to file a charge sheet within the stipulated time period, as required by the NDPS Act, can be a significant factor i....
An accused is entitled to default bail under Section 167(2) of Cr.P.C. if charge sheet is not filed within 180 days as contemplated under Section 36-A(4) of the NDPS Act.
The right to default bail under Section 167(2) of Cr.P.C. is an indefeasible right of the accused, integral to the right to personal liberty under Article 21 of the Constitution. Prolonged detention ....
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.
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