T. MALLIKARJUNA RAO
Ushal Yadul – Appellant
Versus
Union Of India – Respondent
ORDER :
(T. Mallikarjuna Rao, J.)
1. This Criminal Petition is filed by Petitioner/Accused No.2 under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’) seeking regular bail against Crl.M.P.No.14 of 20224 in NSC.No.6 of 2024 [in C.No.VIII/10/20/2023-Prev, on the file of Customs Commissionerate (Preventive), Vijayawada] on the file of II Additional District Judge-cum- Metropolitan Sessions Judge Court, Vijayawada (for short, ‘Special Court’), registered for the offences punishable under sections 20, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
2. The Prosecution outlines that on receipt of credible information received by the Additional Commissioner of Customs, Customs Commissionerate (Preventive) Vijayawada, the Inspector of Customs, on the even date of 24.06.2023 secured two witnesses and laid a route watch opposite to Reliance Trends store, Prasadampadu, Vijayawada and intercepted a white colour Maruti Suzuki Swift Dzire car bearing No.MH 03 BC 1345 and found four persons therein. Petitioner/A.2 was found in the said car beside the driving seat. Later on search of the car, the Inspector of Customs
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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 that bail under the NDPS Act requires reasonable grounds for believing the accused is not guilty, especially when dealing with commercial quantities of narcotics.
The court established that procedural compliance under the NDPS Act is crucial for the admissibility of evidence, impacting the decision to grant bail.
Strict adherence to procedural requirements under the NDPS Act is essential for the validity of evidence, impacting the court's decision on bail.
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 non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
The court emphasized the limitations on granting bail under Section 37 of the NDPS Act, the definition of ganja under Section 2(iii)(b) of the NDPS Act, and the applicability of Section 50 of the NDP....
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 emphasized the importance of adhering to procedural requirements in drug seizure cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
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