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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANARAO
Union Of India, Narcotics Control Bureau, Hyderabad SUB-ZONE – Appellant
Versus
Kaluvai Manohar Reddy, S/o Venkata Ramana Reddy – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments presented by the parties. (Para 3 , 4 , 5 , 6) |
| 3. ratio decidendi regarding bail principles. (Para 7 , 8) |
| 4. court's observations on bail considerations. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. conclusion on handling the application. (Para 21) |
ORDER:
Y. LAKSHMANARAO, J.
1. This Criminal Petition has been filed by the Investigating Officer of the Narcotics Control Bureau (NCB), Hyderabad under Section 439 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’)/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘ BNSS ’), seeking, to set aside the order dated 20.06.2024 by cancelling bail granted to respondent/Accused No.1 in NCBF.No.48/1/6/2023/NCB/SUB-ZONE/ HYD, now registered as NDPS SC No.7/2024, passed by the learned Metropolitan Sessions Judge – cum – I Additional District and Sessions Judge (Special Judge for the Trial of Offences under the NDPS Act), Visakhapatnam, in Crl.M.P.No.483 of 2024, and to pass appropriate orders.
2. The case advanced by the prosecution is this:
On 05.06.2023, the petitioner/complainant received specific information that four p
The court reaffirmed that under the NDPS Act, bail should only be granted if satisfactory grounds exist for believing the accused is not guilty and unlikely to reoffend, emphasizing strict adherence ....
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....
The court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
The granting of bail under the NDPS Act must strictly adhere to statutory requirements; mere absence of contraband possession does not negate the necessity for robust scrutiny of evidence against the....
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.
Bail rejected in NDPS commercial quantity case as petitioner failed Section 37 twin conditions; conscious possession from vehicle recovery established prima facie; medical disability and trial progre....
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