State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge

AP High Court Grants Bail in 33 kg Hashish Oil Case: Parity and Lack of Criminal Record Crucial Factors

07 May 2024 8:19 AM

By: Admin


Accused drivers in NDPS Act case granted bail; court emphasizes similar bail for co-accused and no previous criminal history.

In a significant ruling, the High Court of Andhra Pradesh, presided by Justice Venkata Jyothirmai Pratapa, granted bail to Viyyapu Suresh and Saneesh V.S., accused in a high-profile narcotics case involving the transportation of 33 kg of hashish oil. The court’s decision highlighted the principle of parity with a co-accused and the lack of previous criminal involvement as pivotal factors in the bail grant.

The case emerged from an operation on February 4, 2024, when police, acting on credible information, apprehended four individuals during a vehicle check at a jeep stand in G. Madugula. The arrested individuals, including Viyyapu Suresh and Saneesh V.S., were allegedly involved in the transportation of 33 kg of hashish oil, also known as liquid ganja. The accused were charged under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The court noted the principle of parity, emphasizing that a similarly placed co-accused had already been granted bail by the Special Court. “Considering that A.4, who faces similar charges, was granted bail, it is reasonable to extend the same to the petitioners, given their lack of previous criminal record,” Justice Pratapa stated.

Justice Pratapa underscored the petitioners’ lack of prior criminal history. The prosecution acknowledged that Suresh and Saneesh had no previous involvement in criminal activities, which the court considered in its decision. “The absence of any prior criminal record is a significant factor that weighs in favor of granting bail,” the judgment noted.

The court extensively discussed the balance between the severity of the charges and the accused’s rights. It reiterated that the mere gravity of an offense under the NDPS Act does not automatically preclude bail, especially when mitigating factors, such as no previous criminal record and parity with co-accused, are present. “While the NDPS Act imposes strict conditions for bail, the judicial system must also ensure fairness and parity,” Justice Pratapa observed.

“The severity of the allegations alone cannot be the sole criterion for denying bail, especially when the petitioners’ role appears limited and devoid of prior criminal conduct,” the court remarked.

The High Court’s decision to grant bail to Viyyapu Suresh and Saneesh V.S. sends a clear message about judicial fairness and the importance of considering individual circumstances, such as parity with co-accused and lack of criminal history. This ruling is expected to influence future cases under the NDPS Act, reinforcing the necessity of a balanced approach in bail considerations.

 

Date of Decision: 16th May 2024

Viyyapu Suresh & Saneesh V.S. vs. The State of Andhra Pradesh

Latest Legal News