In Criminal Petition No.7394 of 2016, Justice Raja Elango dismissed the bail petition of Accused Nos.3 and 4. The Court refused bail because the quantity of ganja found (895 kgs.) with the petitioners exceeded the commercial quantity under the NDPS Act.
Criminal Petition for bail under Sections 437 and 439 CrPC dismissed.
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HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7394 of 2016
ORDER:
This petition is filed by the petitioners – Accused Nos.3 & 4 under Sections 437 & 439 of Criminal Procedure Code seeking to grant bail in Crime No.39 of 2016 on the file of Mangalagiri Town Police Station, Guntur District for the offences punishable under Sections 8(c) r/w.20(b)(ii) of NDPS Act.
Heard and perused the material available on record.
The allegation against the petitioners is that they found in possession of 895 kgs., of ganja. Since the ganja found in the above crime is more than commercial quantity, this Court is not inclined to grant bail to the petitioners.
Hence, the Criminal Petition is dismissed.
______________ RAJA ELANGO, J
June 02, 2016. KTL
HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.7394of 2016
02.02.2016
Ktl
1 issue framed by the court
Whether bail can be granted under Sections 437 and 439 CrPC where the accused is found in possession of ganja exceeding commercial quantity.
2 provisions across 2 enactments
Accused Nos.3 & 4
State
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
