Andhra Pradesh High Court Grants Bail in Ganja Case Citing Rights Violation
Fundamental Rights Violation Leads to Bail for Accused Under NDPS Act
In a significant ruling, the Andhra Pradesh High Court has granted bail to Chevvakula Chinnammalu, the accused in a high-profile narcotic case, emphasizing the importance of fundamental rights under Indian law. The court, presided over by Dr. Y. Lakshmana Rao, J., found that the statutory provisions under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Article 22(1) of the Constitution of India had been violated at the time of the accused's arrest.
The case against Chinnammalu stemmed from an April 2025 incident where she was apprehended with 26 kilograms of ganja. Despite the stringent conditions under Section 37 of the NDPS Act, 1985, which generally restricts bail for drug-related offences, the court prioritized the violation of the accused's fundamental rights over these provisions.
The petitioner's counsel, Arrabolu Sai Naveen, argued the absence of any prima facie evidence linking Chinnammalu to the crime, stressing the hardship her detention would cause to her family, as she is the sole breadwinner. The defense emphasized that the grounds of arrest were not communicated to Chinnammalu as required by law, a claim that the prosecution refuted by stating that these grounds were conveyed through her relatives.
Despite the prosecution's contention that the accused's release could jeopardize the ongoing investigation, the court found merit in the defense's arguments regarding procedural lapses. Consequently, the court granted bail with stringent conditions, including the surrender of the accused's passport and regular appearances at the local police station.
The decision underscores the judiciary's role in safeguarding constitutional rights, even in cases involving serious allegations. The court's order reflects a balancing act between maintaining the integrity of the judicial process and protecting individual rights.
Bottom Line:
Violation of statutory provisions under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Article 22(1) of the Constitution of India warrants granting bail to the accused despite the stringent conditions under Section 37 of the NDPS Act, 1985.
Statutory provision(s): Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Article 22(1) of the Constitution of India, Section 37 of the NDPS Act, 1985.
Chevvakula Chinnammalu v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc Id # 2789488
