ORDER :

Y. LAKSHMANA RAO, J.

The Criminal Petition 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.6 on bail in SC.NDPS.No.88 of 2026 on the file of the learned Metropolitan Sessions Judge-cum-I Additional District Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam.

2. The case of the prosecution is that, acting on specific intelligence, the Directorate of Revenue Intelligence (DRI), Visakhapatnam Regional Unit, conducted a search on 16/17.08.2025 at the premises of M/s Averx Drugs Private Limited, Atchuthapuram, Anakapalli District. During the search, in the presence of independent panch witnesses, about 119.40 kgs of suspected Alprazolam, 87.80 kgs of intermediate substance, and manufacturing equipment were seized under a Panchanama. The total seized material was 207.20 kgs, later confirmed through chemical analysis to be Nordazepam, a psychotropic substance under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). The Panchanama was recorded as F.No.DRI/HZU/VRU/48/ENO-2(INT-2)/2025. On 18.08.2025, the Petitioner along with seven other accused persons was arrested at Visakhapatnam. The Petitioner, arrayed as Accused No.6, was found present in the drier room of the factory during the search. His arrest memo and medical examination report were prepared, and he was remanded to judicial custody.

3. Mr. Sasanka Bhuvanagiri, learned counsel for the Petitioner, submits that the case is false and concocted, and the Petitioner has been falsely implicated without any prima facie evidence under ‘the NDPS Act.’ He submits that the Petitioner is only a driver by occupation, with no knowledge or involvement in the manufacture of psychotropic substances, and was merely present at the premises accompanying his cousin. No contraband or incriminating material was recovered from his personal possession, and his role is at best peripheral. The investigation has been completed, the chargesheet filed, and all evidence secured, leaving no scope for tampering or influencing witnesses. The Petitioner has been in custody for nearly 10 months despite having no criminal antecedents and being the sole breadwinner, with a six year old daughter suffering from a brain tumour, operated in 2024 and pr‑esen‑tly undergoing chemotherapy, whose care and financial support urgently require his presence. He is a permanent resident of Medak District, not a flight risk, and undertakes to comply with any conditions that may be imposed by the Court. Hence, it is urged to allow the Criminal Petition.

4. On the other hand, Mrs. Santhi Chandra, learned Senior Standing Counsel for DRI and DGGI, filed a detailed counter-affidavit wherein it is mentioned that the Petitioner was apprehended inside the factory premises during the search and was part of the group engaged in illicit manufacture of psychotropic substances. It is submitted that a huge commercial quantity of Nordazepam was seized from M/s Averx Drugs Private Ltd., and the Petitioner’s presence in the drier room establishes his active participation. The prosecution contends that the Panchanama and subsequent chemical analysis confirm the offence under ‘the NDPS Act’, and the Petitioner cannot claim ignorance of the illegal activity. It is further argued that Section 37 of ‘the NDPS Act’ imposes stringent conditions for bail in cases involving commercial quantity, which are not satisfied here. The Petitioner’s role as a driver/financier does not absolve him from liability under conspiracy provisions. Hence, it is urged to dismiss the Criminal Petition.

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

6. Thoughtful consideration is bestowed on the arguments advanced by the both the learned Counsel. I have perused the record.

7. In the light of the case of the prosecution and the contentions of