IMPORTANT POINT
Bail cannot be granted when investigation is at progressive stage.

ORDER (COMMON)

The Criminal Petition Nos.10314 & 10677 of 2025 are heard and disposed of by way of this common order, as they arise out of one crime, albeit Petitioners are different.

2. Criminal Petitions have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the BNSS, seeking to enlarge the Petitioners/Accused Nos.1 to 4 & 6 on bail in Cr.No.366 of 2025 of Vedayapalem Police Station, Sri Potti Sriramulu Nellore District, registered against the Petitioners/Accused Nos.1 to 4 & 6 herein for the offence punishable under Sections 8(c) read with 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 the NDPS Act, 19852 (for brevity ‘the NDPS Act’).

3. The allegations against the Petitioners/Accused Nos.1 to 4 & 6 are that they were indulged in Ganja business and they were found in possession and transportation of 23.470 Kgs of Ganja, which is a commercial quantity. The alleged ganja was seized in the dicky of Toyota Glanza car, which was driven by Accused No.4. The car belongs to the uncle of Accused No.4. They were altogether six persons in the car.

4. Learned Counsel for the Petitioners submits that the Petitioners are innocent and have been falsely implicated in the alleged offence, and that there is no prima facie material or cogent evidence connecting the Petitioners to the commission of the crime. It is further contended that the Petitioners are the sole earning members of their families and that their incarceration would result in grave hardship and irreparable prejudice to their dependents. The Petitioners undertake to comply with any condition that this Court may deem it fit and proper to impose while considering the prayer for grant of bail.

5. It is further submitted that the Petitioners are permanent residents of Nellore District and there exists no apprehension of their absconding or evading the due process of law. The Petitioners have extended full cooperation in the course of investigation and undertake to continue such cooperation in all future proceedings. Hence, it is urged to allow the petition.

6. Smt. Y.L. Siva Kalpana Reddy, learned Counsel for Accused No.2 and Mr. Malireddy Gowtham, learned Counsel for Accused Nos.1, 3, 4 & 6 vehemently further argued that the Petitioners were taken into illegal custody by the Task Force Police of Nellore on 29.08.2025 and they were illegally detained for a period of seven days and they were badly beaten by the Police. They were shown arrested on 05.09.2025. They were remanded to judicial custody on 06.09.2025. Thus, they were nearly 59 days in the judicial custody and 7 days in the illegal custody of Police enduring torture. It is further submitted that mere pendency of adverse criminal antecedents is not a sole ground to deny the request for grant of bail, by relying on the decision of the Hon’ble Apex Court in Prabhakar Tewari v. State of U.P. (2020) 11 SCC 648.

7. The Accused No.2, when produced before the learned Judicial Magistrate for sending him to judicial remand, he gave a statement to the learned Jurisdictional Magistrate and that statement was recorded as a sworn statement, in which he categorically deposed before the learned Jurisdictional Magistrate that he was arrested on 29.08.2025 and took him to the house of Accused No.1 on being led by him. Later, five police personnel from Task Force came and beat him on the soles of his foot. As a result, he got swelling injuries. He was unable to move. He was given treatment by one Registered Medical Practitioner (RMP) Doctor and later taken him to hospital by showing him as a Accused in Ganja case. Accused Nos. 1, 3 & 6 were illegally arrested on 29.08.2025; Accused No.4 was arrested on 30.08.2025.

8. Learned Counsel for Accused Nos.1, 3, 4 & 6 relied on a decision of the Hon’ble Apex Court in Narcotics Control Bureau v. Mohit Aggarwal (2022) 18 SCC 37, wherein at paragraph Nos.12 to 15 it is held as under:

“12. The expression “reasonable grounds” has come up for