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T. MALLIKARJUNA RAO
Vanthala Prasad – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. This Criminal Petition, under Section 438 of Cr.P.C. has been filed by the Petitioner/A.5, seeking anticipatory bail in Cr. No. 100/2023 of Kasimkota Police Station, Anakapalli District.
2. The above crime was registered against the Petitioner herein and others for the offence punishable under Sections 20(b)(ii)(c) r/w 8 (c), section 25 of NDPS Act, 1985.
3. The Prosecution's case, in brief, is that, on receipt of credible information about the illegal transportation of Ganja, on 02.03.2023 at about 09.00 AM, the Sub Inspector of Police, Kasimkota P.S. along with his staff and mediators went to Thallapalem junction, where they found A.1, who was transporting 50 kgs of Ganja in an Auto. When the Respondent Police questioned the A.1, he confessed that the said Ganja belongs to A.2 and A.3 and they were acting as Pilots. On 04.03.2023, the Police has arrested the A.2 and A.3. A.2 confessed that he bought the alleged 50 kg Ganja from A.4 and A.5. A.1 to A.3 were arrested by the Police. Based on the mediators report, a case in above crime was registered.
4. Learned counsel for the Petitioner submits that Petitioner is innocent and he has been falsely implicated in this case; no s
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 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. 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.
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.
The court emphasized that under Section 37 of the NDPS Act, the burden lies on the accused to prove non-involvement in drug-related offenses, particularly when the quantity is commercial.
(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....
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