In a bail petition under Sections 437 and 439 CrPC for an NDPS offence involving 90 Kgs of ganja, the court held that the commercial quantity of the drug was an aggravating factor and dismissed the petition.
The criminal petition seeking bail is dismissed.
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 HON’BLE SRI JUSTICE RAJA ELANGO
Criminal Petition No.9944 of 2015
ORDER
The petitioner, who is accused in Cr.No.58 of 2015 of V.Madugula Police Station, Visakhapatnam District, registered for the offence punishable under Section 20(b)(1) read with Section 8(c) of NDPS Act, filed this petition under Sections 437 and 439 of the Code of Criminal Procedure, 1973, seeking bail.
2. Heard both sides and perused the material on record.
3. The case of the prosecution is that on 17.05.2015, while the police of Madugula Police Station were conducting vehicle checkup at Sagaram Colony, they found the accused, who was driving an auto bearing No.AP 31 U 7282, and found in possession of 90 Kgs of ganja, which is being transported illegally.
4. Since the petitioner/accused was in possession of 90 Kgs of ganja, which is commercial quantity, this Court is not inclined to grant bail to him.
5. Hence, the Criminal Petition is dismissed.
RAJA ELANGO, J.
5th October, 2015
sj
2 issues framed by the court
Whether bail should be granted to an accused in possession of 90 Kgs of ganja charged under the NDPS Act.
Whether the commercial quantity of the drug involved makes the accused a flight risk justifying denial of bail.
2 provisions across 2 enactments
Petitioner/Accused
State/Police
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
