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T. MALLIKARJUNA RAAO
Kamma Aravind Kishore @ Kamma Aravind – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
The Criminal Petition n filed, under Section 482 of the Bharatiiya Nagarik Suraksha Sanhita, 2023 ((for short, ‘BNSS’) seeking anticipatory bail, by petitioner/A6 in Cr.No.51/20025 of Tadepalligudem Town Police Station, West Godavari District registered d for the offence punishable u/Section 8(c)c) read with 20(b)(ii)(B) of the Narcotic D Drugs And Psychotropic Substances, Act, 1985 (for short ‘the NDPS Act’).
2. The Prosecution’s ca case, in brief, is that on 09.02.2025, at approximately 3:00 PM, A1 and A2, both of whom were addicted to Ganja, decided to engage in the illegal trade of Ganja. They contacted A6, who was aware that Ganja was available at a low price on the Andhra-Orissa border in the Visakhapatnam agency area. A6 provided A1 and A2 with Rs.36,000/- and instructed them to procure 12 kilograms of Ganja with the intention of selling it at a higher price. A1 and A2 went to the mentioned location, purchased the 12 kilograms of Ganja, and subsequently received instructions from A6 through Instagram. A6 directed them to deliver 2 kilograms of Ganja each to A3, A4, and A5 at the Railway Station goods shed road, 1 kilogram for both A1 and A2, and 4 kilograms to himself
(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....
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.
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