Bench dismissed criminal petition for bail enlargement in NDPS case, holding that the bar under Section 37(1)(b) of NDPS Act remains applicable following earlier dismissal of regular bail application and directive for expeditious trial.
Criminal petition under Sections 437 & 439 Cr.P.C. dismissed; no bail enlargement granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10174 OF 2014
ORDER:
This criminal petition, under Sections 437 & 439 of Cr.P.C., is filed by the petitioner seeking to enlarge him on bail in Sessions Case No.120 of 2014 on the file of Metropolitan Sessions Judge, Vijayawada.
The petitioner is the sole accused in Cr.No.1012 of 2013 of II town police station, Vijayawada City, Krishna District. The Crime registered, Charge Sheet was filed and Charges were framed and he is facing trail for the offence under Section 8 (a) (c) read with 20(c) of NDPS Act, 1985 for the illegal possession of 232 kgs., of dry Ganja in 116 bags each bag weighs 2 kgs., besides cash seized of Rs.8,18,000/- and the Ganja seized is from the disclosure made, there is no personal search involved. As per the averments in bail application, among 10 witnesses of the prosecution, 3 witnesses including mediator were examined; the evidence of expert and investigating officer is due. The contention of the petitioner is that the petitioner is languishing in jail since 13.12.2013. In fact this Court by order, dated 18.06.2014, in Crl.P.No.6122 of 2014 dismissed the regular bail application from the bar under Section 37(1)(b) of NDPS Act and directing the trial court to expeditious trial within the mandate of Section 309 of Cr.P.C.
Having regard to the above, the bar under Section 37(1)(b) of NDPS Act still holds good, therefore, the petitioner is not entitled to the concession of bail.
Accordingly, the criminal petition is dismissed.
________________________ Dr. B.SIVA SANKARA RAO J,
September 01, 2014 bv
2 issues framed by the court
Whether the bar on bail under Section 37(1)(b) of the NDPS Act applies given the prior dismissal of a regular bail application and directive for expeditious trial.
Whether the petitioner is entitled to concession of bail in a Sessions case involving illegal possession of narcotic drugs.
4 provisions across 3 enactments
Petitioner
State
B.SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
