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2025 Supreme(Online)(AP) 7535

HIGH COURT OF ANDHRA PRADESH
K. SREENIVASA REDDY, J
Badavath Lal Singh – Appellant
Versus
The State of Andhra Pradesh – Respondent
CRIMINAL PETITION NO: 6518 OF 2025



Advocates:
For the Appellants/Petitioners: Anand Kumar Kochiri
For the Respondents: Public Prosecutor

Bail granted in drug possession case considering co-accused's prior bail approval, demonstrating judicial consistency.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 20(b)(ii)

(C), 25 - Bail - Grant of regular bail sought in connection with illegal possession and transportation of ganja (912 kgs) - Petitioner is the owner of the vehicle involved - Precedent case referenced where co-accused granted bail - Thus, bail granted under specified conditions. (Paras 1-5)

(B) Bail - The court may grant bail when the circumstances favor the petitioner, particularly when a co-accused has been released. (Para 4)

Facts of the case:
The petitioner, arrested for allegedly facilitating the illegal transportation of ganja, previously owned the vehicle involved. Co-accused granted bail, which laid a foundation for considering the petitioner's application favorably.

Findings of Court:
The petitioner's request for bail was granted upon fulfilling the specified conditions, given the similarity in circumstances with the co-accused.

Issues: The primary issue is whether bail should be granted based on existing precedents and circumstances of the case.

Ratio Decidendi: The court emphasized the need to consider previous bail decisions for co-accused, determining a balanced outcome for the petitioner under similar circumstances.

Result: Criminal Petition is allowed.

Table of Content
1. petitioner seeks bail under ndps act for possession charges. (Para 2)
2. court evaluates earlier bail decision for co-accused to determine petitioner's eligibility. (Para 4)
3. bail granted under specified conditions. (Para 5)

This Criminal Petition under Sactions 480 and 483 of B.N.S.SJ., has been filed by the petitioner/A8, seeking regular bail, in crime No.202 of 2024 of Sabbavaram Police Station, AnakapaIIi District, registered for the offences punishable under sections 8(c), 25 I/w See.20(b)(ii)(C) of the NDPS Act.

2. Case of the prosecution, in brief is that on 25.8.2024 at about 3.00 pm, on receipt of credible information about illegal possession and transportation of ganja, the Sl of police, secured the presence of his staff and mediators and rushed to sabbavaram-Kothavalasa R & B tar road, Gullepalli junction, Sabbavaram Mandal and found Al and A2 in suspicious clrCumStanCeS. On observing police, they tried to escape. Then POIice apprehended them and on questioning, they disclosed their identity particulars as that of Al and A2 and on search POliCe found 912 kgs of ganja in their possession.

3. Heard learned counsel for the petitioner and the learned Assistant public prosecutor for the respondent/state. perused the record.

4. A perusal of the material on record goes to showthat the Petitioner iS the OWner Of the Vehicle involved in the crime anc! he is alleged to have given the vehicle to A1. In the remand report, i{ is mentioned that the petitioner has voluntarily appeared before the police and on 14.03.2025, the peti{ione+ herein was arrested and got him remanded to judicial custody. lt is submitted by the learned counsel for the petitioner that Al in the present crI-me Was already granted regular bail by this Court vi'de order dated 16.04.2025 in Crl.P.No.2988 of 2025 and the case of the petitioner herein is on the better footing when compared {O A1..

5. ln view of the aforesaid facts and circumstances of the case, this Court is incll'ned to grant bail to the petitioner herein/A8 on the following conditions:

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\`-I. -i - ---------_7 /, i) The petitioner herein/A8 shall be released on bail on his executing personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the learned I Additional District & Sessions Judge-Gum-Special Judge for Trial of the Offences under NDPS Act, Visakhapatnam.

ii) The petitioner shall appear before the Station House Off'lcer concerned once in a week i.e. on every Sunday, between

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