Criminal Procedure Code, 1973
Section 439—Regular bail—Recovery of ganja—FIR registered under Sections 20/61/85 of the NDPS Act—Grant of bail prayed primarily on ground of violation of Section 52A of the NDPS Act—Petitioner was found in possession of commercial quantity of ganja—There may be a procedural lapse in the drawing of samples, but the validity of proceedings under Sections 52A of the NDPS Act cannot be examined at the stage of consideration of bail and it has to be decided during the trial—Petitioner is not entitled for the grant of bail for the alleged violation of Section 52A  of NDPS Act, which is a matter of consideration during the trial or after conclusion of the trial—Petitioner was earlier arrested in a similar case in Vishakhapatnam and was released on bail on the condition that he will not commit any other offence while on bail—Petitioner has violated the said condition imposed upon him by the concerned court—Petitioner is not entitled for grant of bail—Application dismissed.
[Para 16]