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IN THE HIGH COURT OF ANDHRA PRADESH
Y. LAKSHMANARAO
Ramesh Nath – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
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 Petitioners/Accused Nos.1 and 2 on bail in Crime No.VIII/10/24/2023-Customs Preventive Commissionerate, Vijayawada, registered against the Petitioners/Accused Nos.1 and 2 herein for the offences punishable under Sections 20 (b) (ii) (C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
2. The case of the prosecution is that the Superintendent of Customs Preventive Commissionerate, Vijayawada got 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. Based on the information, the officers of Customs Preventive Commissionerate, Vijayawada along with independent witnesses, intercepted the Volkswagen Vento Car bearing registration No.AP 31 BT 9289 and questioned A1 and A2 and taken them into their custody at 3:00 pm on the same day. On search of the car, they found 99
The right to bail in NDPS Act cases hinges on fulfilling stringent conditions under Section 37, prioritizing public safety and preventing absconding, especially when accusations involve significant q....
In NDPS commercial quantity cases, bail requires strict satisfaction of Section 37 twin conditions: reasonable grounds believing not guilty and no reoffending risk. Prolonged detention, trial delays ....
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
In NDPS cases involving commercial quantity, strict satisfaction of Section 37 twin conditions mandatory for bail; trial delay or incarceration alone insufficient grounds.
The court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
Bail under the NDPS Act requires satisfaction of twin conditions: the accused must not be guilty and not likely to commit further offences while on bail.
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