Dismissed¶28

Vantala Chanti v. the Senior Intelligence Officer

NDPS Act – Regular bail

Andhra Pradesh HC5 Feb 2025CRLP/311/2025

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Case brief

AI extract

What is this about?

High Court of Andhra Pradesh at Amaravati; Criminal Petition No. 311/2025 (APHC010017392025); decided 06.02.2025 by K. Sreenivasa Reddy, J. Vantala Chanti and others (A.2 & A.3) sought regular bail under Sections 480 and 483, Bharatiya Nagarik Suraksha Sanhita, 2023, in DRI case F.No.DRI/HZU/VRU/48/ENQ-04(INT-04)/2024 under Section 8(c) r/w 20, 28 & 29 NDPS Act, 1985; 808.18 Kgs. ganja seized (commercial quantity); investigation at nascent stage; contention of NDPS procedure violation by DRI deferred to trial; bail refused; petition dismissed.

What did the court decide?

The 808.18 Kgs. of ganja seized from the possession of the accused is a commercial quantity. ¶24

Vantala Chanti Vs the Senior Intelligence Officer — Narcotics (NDPS) | Andhra Pradesh HC (2025)

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APHC010017392025

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[3327]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDA Y , THE SIXTH DAY OF FEBRUARY TWO T H OUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO. 311/2025

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Between:

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Vantala Chanti and Others

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...PETITIONER/ACCUSED(S)

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AND

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The Senior Intelligence Officer Counsel for the Petitioner/accused(S):

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...RESPONDENT/COMPLAINANT

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1.KOTHA VEERA NAG A PALLAVI

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Counsel for the Respondent/complainant:

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1.G GOPALAKRISHNA MURTHY

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The Court made the following

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ORDER:

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This Criminal Petition, under Sections 480 and 483 of th e Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners / A2 and A3, seeking regular bail, in F. N o.DRI/HZU/VRU/48/ENQ-04(INT-04)/2024 on the file of Directorate of Reven u e Intelligence, Regional Unit, Visakhap a tnam.

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A case has been registered against the petitioner herein and others for the offences punishable under Section 8(c) r/w 20, 28 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

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Case of the prosecution, in brief, is that, on specific intelligence about illegal transportation of ganja, the Officers of Directorate of Revenue Intelligence (DRI), Visakhapatnam Regional Unit in the presence of two panch witnesses at about 8.00 a.m., spotted the Tata Goods Carrier and the pilot vehicle i.e., Swift Dzire VDI at Krishnavaram Toll Plaza, Jaggampeta, NH16 roads towards Visakhapatnam on Chennai-Kolkata Highway and arrested the petitioners herein/A.2 & A.3 along with A.1 and also seized 808.18 Kgs. of Ganja from their possession. The contraband along with vehicles and other material was seized under the cover of Mediators’ report and a case has been registered against the accused.

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Heard. Perused the record.

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A perusal of the material on record goes to show that 808.18 Kgs. of ganja was seized from the possession of the accused, which is a commercial quantity. It is submitted by the learned Assistant Public Prosecutor that the investigation is at nascent stage. Further, the argument put forth by the learned counsel for the petitioners that the DRI Officers have not followed the procedure as contemplated under NDPS Act, cannot be taken into consideration at this stage as the truth or otherwise of the same will be considered by the trial Court during the course of trial. In view of the aforesaid

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facts and circumstances of the case, this Court is not inclined to grant bail to

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the petitioners/A.2 & A.3.

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