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T MALLIKARJUNA RAO
Peri Venkatesh – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
T Mallikarjuna Rao, J.
1. Since these Criminal Petitions are filed, under Sections 437 and 439 of Cr.P.C., seeking regular bail, by different accused i.e., Crl.P.No.2313 of 2024 (filed by A.6); Crl.P.No.2334 of 2024 (filed by A.3); Crl.P.No.2379 of 2024 (filed by A.7) and Crl.P.No.2517 of 2024 (filed by A.2 and A.4) in same crime viz., Crime No.266 of 2023 of Yelamanchili Rural Police Station, Visakhapatnam District, they are being taken up together for disposal by way of this Common Order.
2. A case has been registered against the Petitioners and others for the offences punishable under Sections 20(b)(ii)(c) and 8(c) of NDPS Act, 1985.
3. The Prosecution's case, in brief, is that on 26.12.2023 at about 7.00 PM, upon the receipt of credible information about illegal possession and transportation of Ganja, the S.I of Yelamanchili Rural Police station, secured the presence of mediators and rushed to the outskirts of Somannapalem village of Yelamanchili Mandal and found a black colour bag lying nearby cattle shed of L.Venkatarama Krishna. Upon search, they found six packets of Ganja, each packet weighing approximately 5 kgs, totaling 30 Kgs. The contraband was seized under the cov
Strict adherence to procedural requirements under the NDPS Act is essential for the validity of evidence, impacting the court's decision on bail.
Bail under the NDPS Act requires the accused to demonstrate reasonable grounds for believing they are not guilty, especially when substantial commercial quantities of contraband are involved.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
The court established that procedural compliance under the NDPS Act is crucial for the admissibility of evidence, impacting the decision to grant bail.
The court reaffirmed that non-compliance with procedural safeguards under the NDPS Act, particularly Section 52A, does not automatically entitle an accused to bail; the court must still find reasonab....
Narcotic Substances - Bail rejected - Petitioner has been found in possession of contraband of commercial quantity - Court is unable to record a finding that there are reasonable grounds for believin....
Interim Bail on medical grounds - Indulge in supply of wholesale and retail cocaine - Petitioner's medical condition is concerned; documents on record do no suggest any immediate medical treatment or....
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