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T. MALLIKARJUNA RAO
Ramesh Nath – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
T. MALLIKARJUNA RAO, J.
1. This Criminal Petition under Section 437 and 439 of Cr.P.C. has been filed by the petitioners/A1 and A2, seeking regular bail in Cr. No. VIII/10/24/2023-Customs Preventive Commissionerate, Vijayawada.
2. The above crime was registered against the petitioners for the offence punishable under Sections 8(c) read with 20(b)(ii)(c) of NDPS Act.
3. The Prosecution’s case, in brief, is that the Superintendent of Customs Preventive Commissionerate, Vijayawada got advance information that the petitioners were coming to the lane adjacent to St. John’s High School, Gannavaram in a silver colour car from Visakhapatnam on 12.10.2023 afternoon. Basing on the information, the officers of Customs Preventive Commissionerate, Vijayawada along with independent witnesses way laid and stopped the Volkswagen Vento Car bearing registration No. AP 31 BT 9289 and questioned A1 and A2 and after that taken them into their custody at 3.00 pm on the same day. On search of the car, they found 99 bags containing ganja totaling to 203.306 kgs. On enquiry, A1 and A2 submitted that they purchased the same at Jaggampeta by Raju Ram Chowdary @ Raju Bhai, who escorted them on a motorc
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.
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 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....
Compliance with legal procedures under the NDPS Act is essential for ensuring the validity of arrests and searches, as established in relevant jurisprudence.
The main legal point established is the stringent requirement of reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while o....
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 emphasized strict compliance with Section 37 of the NDPS Act, concluding there were no reasonable grounds for believing the petitioner was not guilty due to his significant role in drug sup....
Point of Law- It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is sta....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
The main legal point established in the judgment is the application of Section 37(1)(b)(ii) of NDPS Act and the interpretation of the concept of possession as occurring in Section 20 to 22 of NDPS Ac....
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