Criminal petition for bail under CrPC 1973 dismissed. Court refused bail to accused in NDPS case involving 90 kg of Ganja, ruling that commercial quantity limits under Section 37 of the NDPS Act preclude bail.
Bail application dismissed; pending miscellaneous petitions dismissed in consequence.
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SMT. JUSTI CE T.RAJANI
CRI MI NAL PETI TI ON No. 2 1 6 1 OF 2 0 1 8
ORDER:
This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, 1973, seeking for grant of bail to the petitioner-accused No. 2 in Crime No. 156 of 2017 of Prohibition and Excise Station, Anakapalli, Visakhapatnam District, registered for the offence punishable under Section 20 (b) (ii) (C) read with Section 8 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').
_ _ _ _ _ _ _ _ _ _ T. RAJANI , J
15-03-2018. JSK
2 issues framed by the court
Whether bail could be granted to an accused facing charges under Section 20(b)(ii)(C)/8(c) of the NDPS Act where the quantity involved exceeds commercial quantity limits.
Whether Section 37 of the NDPS Act prohibits the grant of bail in commercial quantity cases.
Colour shows how this judgement treated each authority
not specifiedReferred¶6
3 provisions across 2 enactments
SMT. JUSTICE T. RAJANI
STATE
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
