Dismissed¶24

Lepakshi Baba Fakruddin, v. The State of A.P

Bail – NDPS Act – Section 37 bar

Andhra Pradesh HC3 Apr 2025CRLP/1551/2025

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Case brief

AI extract

What is this about?

Regular bail application under Sections 480 and 483 BNSS rejected in NDPS case involving 398 Kgs of Ganja (commercial quantity); Crime No.1 of 2025, Pedabayalu Police Station; offences under Section 111(2)(b) BNS and Sections 8(c) r/w 20(b)(ii)(C), 25 NDPS Act; Section 37 NDPS Act bar applied; petitioner in judicial custody from 10.01.2025; investigation pending; Criminal Petition No.1551 of 2025 dismissed by T. Mallikarjuna Rao, J on 04.04.2025.

What did the court decide?

Regular bail declined: in view of the gravity of the offence, the involvement of a commercial quantity of ganja (398 Kgs) and the bar contained under Section 37 of the NDPS Act, the Court was not inclined to grant bail to the petitioner. ¶23

Lepakshi Baba Fakruddin, Vs The State of A.P — Narcotics (NDPS) | Andhra Pradesh HC (2025)

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[3369]

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APHC010071232025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 1551/2025

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Between:

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Lepakshi Baba Fakruddin,

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...PETITIONER/ACCUSED

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AND

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The State Of A P ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.PUVVALA SRINIVASA RAO Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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The court made the following Order:

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This Criminal Petition, under Sections 480 and 483 of the

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BNSS, has been filed by the petitioner herein/A1, seeking regular bail, in Crime No.1 of 2025 of Pedabayalu Police Station, registered for the offence punishable under Section 111 (2) (b)

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of the BNS and Sections 8(c) r/w 20(b)(ii)(C), 25 of the NDPS Act.

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Case of the prosecution, in brief is that on 10.01.2025, the Sub-Inspector of Police along with his staff and mediators rushed to Panneda Junction and found the accused in possession of 398Kgs of Ganja. The contraband along with

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other material was seized under the cover of mediators report.

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Heard. Perused the record.

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Learned counsel for the petitioner contends that the petitioner has been in judicial custody from 10.01.2025 and prays to grant bail to the petitioner herein.

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On the other hand, learned Assistant Public Prosecutor opposed to grant bail on the ground that contraband allegedly involved in the present crime is 398 Kgs of Ganja, which is a commercial quantity and further submits that the case is still under investigation and some more witnesses are to be examined.

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In view of the gravity of offence and involvement of commercial quantity of ganja and in view of the bar contained under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.

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