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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T MALLIKARJUNA RAO
Suri @ Ayithi Suryanarayana – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
T. MALLIKARJUNA RAO, J.
1. This Criminal Petition, under Section 438 of Cr.P.C., has been filed by the Petitioner/A.12, seeking anticipatory bail in Cr.No.51/2023 of Koyyuru Police Station, Alluri Seetha Rama Raju District (formally known as Visakhapatnam District).
2. The above crime was registered against the Petitioner herein and others for the offence punishable under Sections 8 (c) read with 20(b)(ii)(c) of NDPS Act, 1985.
3. The Prosecution's case, in brief, is that, on 01.09.2023, on receipt of credible information about the illegal transportation of Ganja, the Sub Inspector of Police, along with other staff and mediators, went to Cashew Garden, outskirts of Gummadivani Palem Village, Koyyuru Mandal, Alluri Seetha Rama Raju District, there, A1 to A10 loading their dumped Ganja packets in a Tata India car bearing No.AP31TV8495, and when the Police questioned them, they confessed that they were transporting the said Ganja. Then, A1 to A10 were arrested, and the quantity of 300.9 kgs was seized. Recorded their confession statements before the mediators under the cover of mediator report. During the course of the investigation, A1 to A10 were arrested. On the strength of t
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.
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.
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.
Compliance with legal procedures under the NDPS Act is essential for ensuring the validity of arrests and searches, as established in relevant jurisprudence.
Lack of substantial evidence linking the accused to the crime justifies granting pre-arrest bail under Section 438, ensuring individual liberty is protected against unwarranted arrest.
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