Andhra Pradesh HC Grants Bail To Man Arrested For Transporting 554 Kgs Ganja Citing Failure To Seal Contraband Upon Seizure U/s 55 Of NDPS Act
The Andhra Pradesh High Court granted bail to a man arrested for transporting 554.73 kgs of Ganja while observing that the authorities failed to pack and seal the contraband upon seizure as mandated under Section 55 of the NDPS Act.
Section 55 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) provides that the moment an alleged contraband is seized, it has to be sealed by the seizing officer.
A Single Bench of Justice V.R.K. Krupa Sagar observed, “In the case at hand when the record is perused, it is seen that the mediator’s report and remand report do not contain packing and sealing of the contraband. That violation gives rise to a clear doubt...Applying the statute and the precedent cited above and considering the length of detention and progress in investigation, this court finds that any continued detention does not seem necessary. Hence, prayer is granted.”
Advocate Arrabolu Sai Naveen appeared for the petitioner.
A petition was filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for the grant of regular bail by the accused for the offences punishable under sections 20(b)(ii)(C), 25 read with 8(c) of the NDPS Act.
The accused was arrested and remanded to judicial custody after 554.73 kgs of Ganja was seized from his possession including the vehicles in which the contraband was transported and the mobile phones. Since then, this accused had been in judicial custody.
The State submitted that the contraband seized was of commercial quantity. The offence committed was grave and heinous while the investigation was under progress and therefore, the prayer for bail cannot be considered.
The accused argued that the presumptions raised under Section 37 of the NDPS Act must be considered in the light of the procedural safeguards that are provided and in the event of violation of procedure prescribed, the bail can be granted.
The Court applied the precedent cited by the accused in the Ouseph v. State of Kerala (2004), wherein the Apex Court had held that not sealing the contraband gives rise to the possibility that the contraband seized could be tampered and the Courts are right in entertaining a reasonable doubt.
Consequently, the Court stated that the violation gave rise to a “clear doubt” and held, “The petitioner shall be enlarged on bail on executing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with two sureties of the like sum each.”
Accordingly, the High Court allowed the petition.
Cause Title: Reemala Prasanth Kumar v. The State of Andhra Pradesh
