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T. MALLIKARJUNA RAO
Killo Nageswara Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
(T. Mallikarjuna Rao, J.)
1. This Criminal Petition, under Sections 438 of Cr.P.C., has been filed by the petitioner/A2, seeking anticipatory bail, in Crime No.180 of 2021 of Pithapuram Rural Police Station, East Godavari District.
2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 20(b)(ii)(B), 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').
3. The Prosecution's case, in brief, is that on 20.10.2021 at about 06.00 p.m., on receiving credible information about illegal transportation of ganja, the SI of police Pithapuram Rural Police Station rushed to Marvadi shed, state highway no:173 at Jalluru village, Pithapuram Mandal and at about 02.00 pm, while they were conducting vehicle search, they observed one white coloured Mahindra Bolero Car bearing No.AP05 BL 5979 was coming from Samalkota side towards Pithapuram side, stopped at some distance from the police party and tried to turn back the Car, Police party chased the car, at that time, four persons got down the car and fled away towards western side fields and the car driver i.e., A.1 also tried to escape from the scene
Anticipatory bail under Section 438 Cr.P.C. should be granted sparingly, especially in serious cases involving potential conspiracy and where custodial interrogation is necessary for investigation.
Anticipatory bail under Section 438 of Cr.P.C. is to be granted sparingly, especially in serious drug-related offences, where custodial interrogation is necessary for a proper investigation.
Anticipatory bail under Section 438 of Cr.P.C. should be granted sparingly, especially in serious narcotics cases where the applicant's release may impede ongoing investigations.
The court emphasized that anticipatory bail under Section 438 of Cr.P.C. is to be granted sparingly, especially in cases involving serious allegations under the NDPS Act.
(1) Anticipatory Bail – Power to grant pre-arrest bail under Section 438 of Cr.P.C., is extraordinary in nature and is to be exercised sparingly – Pre-arrest bail cannot be granted in a routine manne....
The main legal point established in the judgment is the necessity of strict enforcement and custodial interrogation for effective investigation in drug trafficking cases under the NDPS Act.
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