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LALITHA KANNEGANTI
Kampat Phani Kumar – Appellant
Versus
Union of India through Intelligence officer, Narcotics Control Bureau, Hyderabad sub-zone – Respondent
ORDER :
All these Criminal Petitions under Sections 437 and 439 Cr.P.C. are filed by the petitioners – Accused Nos. 5, 2, 3, 4 and 1 respectively in NCB F.No. 48/1/10/2021/NCB/SUB-ZONE/H;YD on the file of Intelligence Officer, NCB, Hyderabad Sub-Zone registered for the offence punishable under Section 8(C) read with Section 22(C), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail.
2. The case of the prosecution in brief is that on 14.08.2021, at about 13.30 hours, on receipt of reliable information that Yachamaneni Sudhakar (Accused No.1) aged about 45 years, whitish-complexioned person of Patwari Enclave, Opposite IDL Colony, Hyderabad with around 3 kgs. of Alprazolam was coming in a car bearing Registration No. AP 09 CU 7710 along with other person to sell the contraband to one Allanki Naresh (Accused No.2) for approximately Rs. 12 lakhs who will also come in a car bearing Registration No. TS 11 EC 7292 along with one other person and the exchange of contraband and money will take place near Ujwala Grand on Medak – Hyderabad Road, Gandi Ma
The stringent conditions under Section 37 of the NDPS Act for granting bail and the admissibility of call data as evidence.
The court held that the provisions of the NDPS Act apply alongside the Drugs and Cosmetics Act, and bail under Section 37 of the NDPS Act requires clear grounds for believing the accused is not guilt....
Point of Law : Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and tha....
The admissibility of recoveries made based on an accused person's disclosures, compliance with procedural requirements under the NDPS Act, and the relevance of electronic evidence such as WhatsApp ch....
The court ruled that serious charges under the NDPS Act warranted the application of strict bail conditions, emphasizing the organized nature of the alleged narcotics trafficking and concerns regardi....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and that he will not i....
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