In this criminal petition filed under Section 438 CrPC for anticipatory bail regarding a prosecution for possession of ganja, the court held that it is not a fit case to grant bail due to the nature of the offence under the NDPS Act.
Anticipatory bail to the petitioners accused rejected; criminal petition 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.
SMT. JUSTI CE T.RAJANI
CRI MI NAL PETI TI ON No. 1 7 5 6 OF 2 0 1 8
ORDER:
This petition is filed, under Section 438 of the Code of Criminal Procedure, 1973, seeking for grant of anticipatory bail to the petitioners-accused Nos. 2 and 3 in File No. 322 of 2017 of Prohibition and Excise Station, Paderu, Visakhapatnam, registered for the offence punishable under Section 20 (b) (ii) (c) read with Section 8 (c) of NDPS Act (for short, 'the Act').
_ _ _ _ _ _ _ _ _ _ T. RAJANI , J
12-03-2018. JSK
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioners accused of possessing ganja in beyond commercial quantity under NDPS Act.
Whether Section 37 of the NDPS Act permits bail in the given circumstances.
If the case is not fit for granting anticipatory bail under the facts of the present medical negligence.
3 provisions across 2 enactments
Justi ce T.Rajani
Prohibition and Excise Station
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
