The court emphasized the stringent conditions under Section 37 of the NDPS Act for granting bail, underscoring the serious nature of drug-related offenses.

ORDER:

The Criminal Petition has 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 BharatiyaNagarikSurakshaSanhita, 2023 (for brevity ‘the BNSS ’), seeking to enlarge the petitioner/Accused No.2 on bail in Crime No.162 of 2025 of Kovvur Town Police Station, East Godavari District, registered against the petitioner/Accused No.2 herein for the offences punishable under Section 310 (4) of the BharatiyaNyayaSanhita, 2023 (for brevity ‘the BNS’), 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 14.06.2025, at about 04.20 P.M., on receipt of credible information regarding illegal possession and transportation of ganja, the Sub-Inspector of Police, Kovvur Police Station, along with his staff and mediators, rushed to RCRB Center towards Nidadavole Road, Kovvur Town and Mandal, and conducted vehicle checking. On seeing the police, they noticed one Baleno Car bearing No. AP 31 DD 5310. The occupants got perturbed and tried to escape with the car, but the police caught the car and apprehended Accused Nos.1 to 7, who were indulged in possession and transportation of ganja illegally for wrongful gain. Accused Nos.1 to 7 had purchased 26 kgs of ganja at the agency area at Daravaram of ASR District and packed it in one bag. On further enquiry, the accused admitted that on the night of 10.06.2025, they had made preparations to commit a decoity at a gold shop in Chilakapalem. However, the attempt failed. They then planned to execute it on another day, and while proceeding towards Peravali, they were intercepted. Upon checking the car, 26 kgs of ganja worth Rs.78,000/-, an iron rod, a big knife, a small knife, five mobile phones, and cash of Rs.1,130/- were found in their possession and seized under cover of mediator’s report. Accused Nos.1 to 7 were arrested.

3. Mr. Shaik Anwar, the learned counsel for the petitionercontends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. It is further argued that there is a dispute with regard to the alleged usage of the conveyance. In the mediators’ report, it was mentioned that a Baleno car was used, whereas in the remand report, it was stated as a Bolero car. There are procedural lapses committed by the Investigating Officer and Section 52-A of ‘the NDPS Act’ was not complied with. The contraband is not ganja as defined under Section 2 of ‘the NDPS Act’.The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice.

4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioneris released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law.It is further argued that the number of the car is mentioned as AP 31 DD 5310, whereas in the remand report it was mentioned as a Bolero, and in the mediators’ report it was mentioned as a Baleno. In both the reports, the registration number of the car is the same. The petitio