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P. N. DESAI
Hajipasha – Appellant
Versus
State – Respondent
JUDGMENT
1. These petitions are filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioners, who are arraigned as accused No.4 and 2 respectively, on bail in Crime No.57/2021 of Shanthapur Police Station Dist: Bidar, registered for the offences punishable under Ss. 20 (b) (ii) (C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ' NDPS Act ') on the file of Prl. District and Sessions Judge, Bidar.
2. It is the case of the prosecution that on 8/8/2021 at about 08.30 a.m. the complainant - Dy.S.P. Bhalki received credible information that near Kandagol to Wadagoan village Tq: Aurad some persons will illegally transporting the Ganja in Tempo bearing Reg.No.TS-UD- 1094. The complainant secured his staff, videographer, village accountant and panchas. At about 12.40 p.m. they went to Kandagol - Wadagoan road. At 12.57 p.m. they saw one Tempo bearing Reg.No.TS-UD-1094 came from Kandgol village. The police officials stopped the said vehicle, at that time four persons from said vehicle tried to ran-away from there, the police officials caught hold them and enquired their names. They disclosed their name
The possession of a commercial quantity of drugs under the NDPS Act can bar the grant of bail, especially when the accusation is prima facie well founded and the investigation is pending.
Bail is a rule and rejection is an exception, and the decision to grant or reject bail application should consider the nature and seriousness of the offence, the character of the accused, and the cir....
The main legal point established in the judgment is that the small quantity of contraband seized and the prolonged incarceration of the petitioners were influential factors in granting bail under the....
The commercial quantity of contraband and prima facie evidence can be considered as grounds for denying bail under the NDPS Act.
The court's decision was influenced by the interpretation of the provisions of the NDPS Act, particularly the definition of ganja, in determining the eligibility for bail in the case.
The court may grant bail to the accused under certain conditions, considering the completion of investigation and the prolonged detention of the accused.
The commercial quantity of ganja seized and the application of Section 37 of the NDPS Act influenced the court's decision to dismiss the bail petition.
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