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T. MALLIKARJUNA RAO
Peddireddy Durga Prasad – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
(T. Mallikarjuna Rao, J.)
This Criminal Petition under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A3 seeking regular bail in Crime No.82 of 2023 of Krishna Devi Peta Police Station, Anakapalli District.
2. The above said crime was registered against the petitioner herein and others for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the NDPS Act').
3. Brief facts of the case are that, on 11.08.2023, on credible information about transportation ganja, the Sub Inspector of police along with his staff and mediators rushed to a road running from K.D.Peta to Narsipatnam situated opposite to A.L.Puram village bus stand and found the accused having in possession of 22kgs of ganja and 1kg liquid ganja (hashish oil)
4. Learned counsel for the petitioner contended that while drawing samples the investigating authorities have not followed the procedure as contemplated under Section 52-A of NDPS Act. In support of his contention, the petitioner has brought to the notice contents of the remand report.
5. Learned counsel for the petitioner points out that even the contents of reman
The court emphasized that samples of contraband must be drawn in the presence of a Magistrate, as required by law, to ensure the integrity of evidence.
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.
Improper sample collection in drug cases violates mandatory guidelines, impacting the prosecution's case and justifying bail despite Section 37 restrictions.
Improper adherence to sampling procedures under the NDPS Act can vitiate the seizure, violating an accused's right to a speedy trial.
The central legal point established in the judgment is the significance of compliance with Section 52A of the NDPS Act in the seizure and handling of contraband substances, and the requirement for th....
Procedural non-compliance in evidence collection under the N.D.P.S. Act can vitiate the prosecution's case, warranting bail for the accused.
Non-compliance with mandatory procedures under the NDPS Act and 2022 Rules warrants bail, emphasizing strict adherence to statutory requirements.
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