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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y. Lakshmana Rao
Barreddi Balakrishan, S/o Subba Rao – Appellant
Versus
State Of Andhra Pradesh, represented by it s Public Prosecutor – Respondent
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 vehicle
Confessions made to police under the NDPS Act are inadmissible, validating bail for accused lacking direct evidence of involvement.
Confessional statements made to police are inadmissible under Section 25 of the Indian Evidence Act, influencing bail decisions where reasonable doubt of guilt exists.
Point of Law : In the absence of there being any other material available with the prosecution connecting the petitioner with the commission of offence alleged against him, except the statement of th....
Court grants bail considering prolonged custody, absence of witness tampering, and ongoing trial delays.
The court emphasized that anticipatory bail under Section 438 of Cr.P.C. is to be granted sparingly, especially in cases involving serious allegations under the NDPS Act.
Statements under Section 67 of the NDPS Act are inadmissible as confessions, and bail cannot be granted without evidence of innocence in cases involving commercial quantities of narcotics.
The prolonged detention of accused necessitated bail despite pending investigations, with conditions imposed to ensure compliance with judicial proceedings.
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