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V. R. K. KRUPA SAGAR
Eepu Ramana, S/o. Raju Babu – Appellant
Versus
Senior Intelligence Officer, Directorate of Revenue Intelligence, Visakhapatnam, Rep. by Special Public Prosecutor – Respondent
ORDER :
V.R.K. Krupa Sagar, J.
1. This Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 437 and 439 of Cr.P.C) filed by the petitioners/A1 and A2 to grant regular bail in F.No.DRI/HZU/VRU/48/ENQ-1(INT-1)/2024 pending on the file of the learned Principal Judicial First Class Magistrate, Rajamahendravaram registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances, Act 1985 (for short, ‘the NDPS Act’).
2. Heard arguments of Sri D.Subash, the learned counsel for petitioner and Ms. Shanti Chandra, the learned Standing Counsel for DRI and DGGI appearing on behalf of respondent.
3. A perusal of the record shows that by virtue of receiving credible information, it was on 15.02.2024 at about 08.45 pm, the D.R.I officers and staff mounted surveillance on NH16 road towards Vijayawada on Chennai-Kolkata High way and near new Swagat Hotel, Dhaba-2, Gidavari 4th bridge, Diwancheruvu, Rajamahendravaram. They noticed a water tanker attached with a tractor bearing No.AP 05 CB 1639 with two persons. They also noticed two individuals on a motor cycle bearing No.AP 31 DW 8700 closel
The court established that failure to produce an arrested individual before a magistrate within 24 hours violates legal rights, impacting bail eligibility.
The court established that conscious possession of narcotics is critical for bail under the NDPS Act, and procedural compliance does not negate the evidence of possession.
Point of Law- It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is sta....
The court may grant bail to the accused under certain conditions, considering the completion of investigation and the prolonged detention of the accused.
The right to bail is an indefeasible right of the accused and cannot be suspended even during a pandemic situation.
The court ruled that the long duration of custody without trial, combined with assurances of the accused's availability, justified the grant of bail despite the presumption against it under the NDPS ....
Procedural violations under the NDPS Act allow the accused to rebut the statutory presumption against bail, resulting in bail being granted.
Point of Law : It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is st....
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