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V. R. K. KRUPA SAGAR
Namdeo Ashruba Nakade – Appellant
Versus
Union of India – Respondent
ORDER :
V.R.K. Krupa Sagar, J.
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 petitioner/accused to grant regular bail in S.C.No.144 of 2024 pending on the file of the learned II Additional District and Sessions Judge-Cum-Designated Court for the trial of offences under NDPS Act, Vijayawada, registered for the offence under Section 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.Surya Narayana, the learned counsel for petitioner and Smt. Santhi Chandra, the learned Senior Standing Counsel for DRI and DGGI appearing for respondent.
3. The allegation against the petitioner was that on 07.11.2023 at about 12:00 hours, on receiving credible information about illicit transportation of Cannabis also known as Ganja, a Narcotic Drug, the officers of the Directorate of Revenue Intelligence went to Enikepadu Junction, Vijayawada and mounted surveillance on the vehicles coming from the direction of Eluru.
4. It is alleged that the petitioner drove the lorry in which alleged contraband 731.075 kgs of brown leafy
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.
The court established that failure to produce an arrested individual before a magistrate within 24 hours violates legal rights, impacting bail eligibility.
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