Dismissed

Pan Singh at Man singh v. The State SHO of Kovvur Rural Ps

Andhra Pradesh HC16 Jun 2022CRLP/3925/2022

Case brief

AI extract

What is this about?

The High Court dismissed a bail petition under Section 439 CrPC. The petitioner was charged with transporting a commercial quantity of ganja under the NDPS Act. The Court held that the bar on bail under Section 37 NDPS Act applies due to the quantity involved, leading to the dismissal of the plea for enlargement. Disposition: dismissed.

What did the court decide?

Petition for bail under Section 439 CrPC was dismissed; bail was not granted.

Pan Singh at Man singh Vs The State SHO of Kovvur… — Narcotics (NDPS) | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.3925 OF 2022

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ORDER:-

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This Criminal Petition under Section 439 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioner on bail.

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The petitioner is A-1 in Crime No.366 of 2021 of Kovvur Rural Police Station, West Godavari District.

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A case under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS’ Act) was registered against the petitioner along with other accused in the above crime.

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Briefly stated, it is the case of the prosecution that the petitioner along with other accused were apprehended by the police while they were transporting about 589.940 KGs of ganja in a truck bearing No.DL 1 LR 6211 and the contraband was seized from his possession. Therefore, it is stated that the petitioner has committed the aforesaid offence along with other accused in the above crime.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioner would submit that the petitioner has been in judicial custody since 17.09.2021 and thereby prayed for grant of bail to the petitioner.

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Learned Additional Public Prosecutor opposed the criminal petition. He would submit that investigation in this case is not completed and that on a petition filed by the prosecution under

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Section 36A(4) of the NDPS Act that time for completion of investigation has been extended by the trial Court. He would further submit that the quantity involved in this case is commercial quantity and as such, in view of the bar under Section 37 of the NDPS Act, the petitioner is not entitled to bail at this stage. Therefore, he would pray for dismissal of the criminal petition.

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The quantity of contraband involved in this case is 589.940 KGs of ganja which is a commercial quantity. Therefore, the bar contained under Section 37 of the NDPS Act applies to the present facts of the case. There is nothing to indicate on record that the petitioner is not guilty of committing the aforesaid offence. On the other hand, as the petitioner was apprehended while he was transporting the said ganja along with other accused and as the ganja was seized from his possession, the accusation made against him is prima facie well founded. Even though 180 days period has been completed as prescribed in the Act for completion of investigation, the period for completion of investigation has been extended by the trial Court on a petition filed by the prosecution under Section 36A(4) of the NDPS Act. Therefore, in the said facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner at this stage.

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Resultantly, the Criminal Petition is dismissed.

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_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date : 16.06.2022 KA

Pan Singh at Man singh v. The State SHO of Kovvur Rural Ps

Case brief

What is this about?

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Pan Singh at Man singh v. The State SHO of Kovvur Rural Ps

Case brief

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What did the court decide?

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