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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T.MALLIKARJUNA RAO
Smt. Mallamma w/o. Late ugrappa – Appellant
Versus
State Of Andhra Pradesh, Rep. Bytheprincipal Secretary, Civil Supplies department – Respondent
ORDER :
T. MALLIKARJUNA RAO, J.
1. This Criminal Petition, under Sections 438 of Cr.P.C., has been filed by the Petitioner/A.1, seeking anticipatory bail, in Crime No.73 of 2023 of Sullurpeta Police Station, Tirupathi District.
2. A case has been registered against the Petitioner herein and others for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
3. The prosecution alleges that A.1 runs a ganja operation from Bennabopalapatnam in Anakapalli District, procuring the substance from the Andhra Odisha border. A.3 facilitates the purchase from A.1 and sells it to A.2 in Sri Lanka. On June 3, 2023, A.3 sent A.4 and A.5 to Narsipatnam in Bolero Vehicle AP39 V 1968 to acquire ganja from A.1. A.1, aided by A.8, A.9, and A.10, loaded 120 packets onto the vehicle. A.1 then dispatched A.8 to A.10 in the Bolero vehicle to deliver the ganja to A.3 in Chennai. On 05.06.2023, at Nellore Grand Hotel, A.3, accompanied by A.6 and A.7, picked up A.10 from the Bolero vehicle, instructing A.4 via cell phone. A.3 led the Bolero towards Chennai. At 8:00 AM, Police intercepted the Bolero at Holy Cross R
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.
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. 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 of Cr.P.C. should be granted sparingly, especially in serious narcotics cases where the applicant's release may impede ongoing investigations.
(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....
Custodial investigation is required in cases pertaining to the NDPS Act for elicitation of truth, especially when the menace of drugs affects the public at large and has adverse social and medical im....
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