Court dismissed the criminal petition for bail filed under CrPC Sections 437 and 439 for offences under NDPS Sections 8(c) and 20(b)(ii)(c). Held that Section 37 of NDPS Act is an obstacle to granting bail.
Criminal petition for bail dismissed.
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SMT JUSTI CE T. RAJANI
CRI MI NAL PETI TI ON No.1 1 9 9 of 2 0 1 8
ORDER:
This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, seeking grant of bail to the petitioner, who is the sole accused, in Cr.No.115 of 2017 on the file of the Station House Officer, GRP Samalkota Police Station, Rajamahendravaram, East Godavari District. The offences alleged are under Section 8(c) read with Section 20(b)(ii)(c) of the NDPS Act.
Hence, the criminal petition is dismissed.
__________ T. RAJANI, J
March 6, 2018/ DSK
3 issues framed by the court
Whether bail can be granted to the petitioner accused under the NDPS Act for possession of ganja.
Whether the petitioner's capacity to purchase large quantity of ganja acquits him from offence under NDPS Act.
Whether strict provisions of Section 37 of the NDPS Act bars grant of bail in this case.
5 provisions across 2 enactments
SMT JUSTI CE T. RAJANI
PUBLIC PROSECUTOR
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
