The conditions for bail under the NDPS Act require showing reasonable grounds for believing the accused is not guilty, necessitating strict adherence to legislative provisions regarding drug offenses.

ORDER :

Y. LAKSHMANA RAO, J.

There two Criminal Petitions are heard and disposed of by way of this common order arise from two different crimes but the Petitioner is one and the same.

2. The Criminal Petition No.11070 of 2025 has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’), seeking to enlarge the Petitioner/Accused No.11 on bail in Crime No.306 of 2024 of II Town Police Station, Visakhapatnam Commissionerate, registered against the Petitioner/Accused No.11 herein for the offences punishable under Sections 20 (b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

3. The Criminal Petition No.12337 of 2025 has been filed under Sections 480 and 483 of the ‘the BNSS ’, seeking to enlarge the Petitioner/Accused No.3 on bail in Crime No.302 of 2024 of Malkapuram Police Station, Visakhapatnam Commissionerate, registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 20 (b)(ii)(C) read with 8(c) of ‘the NDPS Act’.

4. Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioner, submits that the petitioner is innocent. He has been falsely implicated in the case. He is a law-abiding citizen and that he has not committed any offence. He is the sole breadwinner of his family. In Crime No.302 of 2024 of Malkapuram Police Station, Visakhapatnam District, 90 kgs of ganja was allegedly found in a house belonging to Accused Nos.1 and 2. The petitioner, who is Accused No.3 in the said crime, is in no way connected with the alleged offence. He has been falsely implicated on the basis of the confession of Accused Nos.1 and 2. The petitioner has got fixed abode. He would abide by any conditions that this Court may deem fit to impose while enlarging him on bail, and it is urged to allow the petition.

5. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that the petitioner is a habitual offender. There are altogether three cases registered against the petitioner. The modus operandi was to bring ganja to the said house by availing courier service agents and thereafter divide the contraband into convenient packets and send them to the desired destinations through couriers. The investigation is at a crucial stage. A huge quantity of ganja is involved in this case, and it is urged to dismiss the petition.

6. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.

7. On perusal of the record, with regard to the allegations in Crime No.302 of 2024, 90 kgs of ganja was found in a house which allegedly belongs to Accused Nos.1 and 2, who gave confessional statements against the petitioner/Accused No.3 stating that nine courier packets of ganja were transported to Delhi. Of course, the name of the petitioner is not found in the FIR in Crime No.302 of 2024. Altogether, 90 kgs of ganja was involved in this case. It is a commercial quantity. The petitioner was arrested on 10.10.2025 and has been in judicial custody for the past 90 days.

8. With regard to the allegations in Crime No.306 of 2024, it is stated that the petitioner procured ganja, packed it along with decorative items, and transported it to different states through courier services with the assistance of his henchmen, including Accused Nos.6 to 10, who are natives of Patna, Bihar. Altogether, 192 kgs of ganja were transported to Delhi by the accused through DTDC Courier, Gollalapalem, but the consignment was returned