AP HIGH COURT HELD THAT
NDPS Act — Bail — Non-commercial quantity of ganja — Statutory period over — Grant of bail (Paras 4–6)
Issue: Whether accused charged under Section 20(b)(ii)(B) r/w 8(c) of the NDPS Act, 1985 is entitled to regular bail.
Facts: Petitioner/Accused No.1 was arrested in Crime No.60 of 2026 for alleged possession of 14 kilograms of ganja and remained in judicial custody from 05.03.2026; defence contended that quantity involved was non-commercial and statutory period had expired.
Held: Considering that contraband involved was only 14 kilograms of ganja, constituting non-commercial quantity, and statutory period was over, Court enlarged accused on bail pending investigation. (Paras 4–6)
Bail — Pending investigation — Apprehension of absconding — Balancing liberty and investigation (Paras 5–7)
Issue: Whether bail should be denied on ground that investigation was still pending and accused may abscond.
Facts: Prosecution opposed bail contending that release of accused during pendency of investigation may hamper investigation and enable him to evade process of law.
Held: Court balanced investigation concerns by granting bail subject to stringent conditions including weekly appearance before Station House Officer, cooperation with investigation, non-tampering of evidence and surrender of passport. (Paras 5–7)
Bail conditions — Violation — Liberty to seek cancellation (Paras 6–7)
Issue: Effect of breach of bail conditions imposed by Court.
Facts: While granting bail, Court imposed conditions relating to execution of bond, appearance before police, non-interference with witnesses and surrender of passport.
Held: In event of violation of any bail condition, prosecution was given liberty to seek cancellation of bail. (Paras 6–7)
