Confessions made to police under the NDPS Act are inadmissible, validating bail for accused lacking direct evidence of involvement.

Y. Lakshmana Rao, J.

These two petitions are heard and disposed of by this common order as they arise out of one crime.

The Criminal Petitions 6727 & 8183 of 2025 have been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’), seeking to enlarge the petitioners/Accused No.1 and 7 respectively on bail in Crime No.53 of 2023 of Gangavaram Police Station, ASR District registered against the petitioners/Accused No.1 and 7 herein for the offences punishable under Section 8 (c) read with 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. The case of the prosecution is that on 30.12.2023 at about 12.10 PM the Inspector of Police along with staff and mediators while conducting vehicle checking at Nemalichettu center, Addateegala to Gangavaram Road, the police noticed one black colour Bajaj Pulsar motor cycle bearing No.AP 31 DM 0351 followed by Mahindra Tractor bearing No. APOS CP 7163, the police intercepted the vehicle, found 320 KGs of ganja and seized the contraband along with vehicles under the mediators’ report and registered an FIR. During the investigation, the accused Nos.2 to 6 were apprehended and remanded to judicial custody on 30.12.2023. Basing on the confession of Accused Nos.2 to 6, the police arrested Accused Nos.1 and 7 on 28.04.2025.

3. Mr. A.V.Pardhasaradhi, the learned counsel for the petitioners submits that the petitioners are innocent of the alleged offence and have been falsely implicated by the police.. It is further submitted that petitioner/Accused No.1 is permanent resident of East Godavari District and petitioner/Accused No.7 is permanent resident of West Godavari District, Andhra Pradesh and undertake to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further submits that the petitioners were arrested on 28.04.2025 and since then they have been in the judicial custody for allegedly indulged in 320 Kgs of ganja transportation and possession and it is urged to enlarge the petitioners/Accused Nos.1 and 7 on bail.

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4. Per contra, Ms. P.Akhila Naidu, the learned Assistant Public Prosecutor submits that investigation is completed and charge sheet is yet to be filed. The ganja alleged to be involved in this case is commercial quantity, and urged to dismiss the bail application. The learned Assistant Public Prosecutor further submits that there are no adverse antecedents against the petitioners/Accused Nos.1 and 7.

5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.

6. As seen from the record, Accused Nos.1 and 7 were arrested on 28.04.2025. Accused No.1 is the vehicle owner. There are altogether 14 cases registered against him. Out of them, 12 cases are relating to NDPS Act. The allegation of the prosecution is that the Accused No.1 is the ganja receiver. The alleged ganja indulged in this case is 320 Kgs. While accused Nos.2 to 6 were allegedly transporting ganja. They were caught hold by the Investigating agency. Later, Accused.os.2 to 6 were enlarged on bail. Based upon the confession of Accused Nos.2 to 6, the role of petitioners herein i.e. Accused Nos.1 and 7 came into light. Against accused Nos.2 to 6, charge sheet was filed in the year 2023. Except the confession of co-accused, no material is there to connect the petitioners/Accused Nos.1 and 7 to the crime.

7. It is the contention of learned counsel for the petitioner that the petitioners neither found transpor