Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y. LAKSHMANA RAO
Kudithi Chinni, S/o. Late Markaraju @ Raju Hindu – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
Y. LAKSHMANA RAO, J.
The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’), seeking to enlarge the petitioner/Accused No.5 on bail in Cr.No.161 of 2025 of Jangareddigudem Police Station, Eluru District, registered against the petitioner/Accused No.5 herein for the offences punishable under Section 8 (c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
2. The case of the prosecution is that on 29.04.2025, at about 6:30 A.M., on the Devarapalli to Tallada NH-516 Highway, near the Agriculture Market Committee check post, Accused Nos.1 to 5 were transporting ganja illegally for wrongful gain. Accused Nos.1 to 7 had hatched a common plan to procure and transport the ganja to Telangana State and sell it at a higher price. Accused No.2 arranged the ganja, while Accused Nos.1 to 5 transported it as per the instructions of Accused Nos.6 and 7. Accused Nos.1 to 5 were arrested, and 189 packets of ganja contained in 12 bags, weighing 394.795 Kgs, along
Confessional statements made to police are inadmissible under Section 25 of the Indian Evidence Act, influencing bail decisions where reasonable doubt of guilt exists.
Confessions made to police under the NDPS Act are inadmissible, validating bail for accused lacking direct evidence of involvement.
Bail should be granted in the absence of admissible evidence against the accused, emphasizing the necessity for liberty to prepare for trial.
The prolonged detention of accused necessitated bail despite pending investigations, with conditions imposed to ensure compliance with judicial proceedings.
Court grants bail considering prolonged custody, absence of witness tampering, and ongoing trial delays.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
