The court dismissed a bail petition filed by an accused person for offences under the NDPS Act. The court held that procedural lapses and lack of previous G.D. entries did not make the prosecution case doubtful, and the statutory bar under Section 37 of the NDPS Act prevented bail.
Criminal Petition No. 1922 of 2018 dismissed; bail denied.
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 JUSTICE T.RAJANI
CRIMINAL PETITON No.1922 OF 2018
ORDER:
This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, 1973, seeking to enlarge the petitioner, who is A2, on bail in Crime No.38 of 2017, on the file of P.S.G.Madugula Police Station, Visakhapatnam District, for the offences punishable under Sections 20(b)(ii)(c) r/w 8(c) of NDPS Act.
2
explanation coming forth from them is considered, it cannot be said that the said lapses would entitle the petitioner for grant of bail.
if any, in this case shall stand closed.
_____________
T.RAJANI, J
05.03.2018
SS
2 issues framed by the court
Whether alleged procedural lapses in police investigation entitle the petitioner for bail.
Whether conviction under Section 37 of NDPS Act precludes the grant of bail despite it being a first offence.
3 provisions across 2 enactments
A2
State of Andhra Pradesh
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
