HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1103 of 2025

Order:

This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking regular bail, in Crime No.231 of 2024 of Visakhapatnam Police Station, GRP Vijayawada district.

2. A case has been registered against the petitioner herein and others for the offence punishable under Section 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

3. Case of the prosecution, in brief, is that, on 18.07.2024, between 12.00 hours and 14.00 hours, the RPF/LSI, Visakhapatnam RPF post, along with her staff and mediators, while checking at Platform No.1, near Gate No.1 of Visakhapatnam Railway Station, found A1 in possession of 7 Kgs of Ganja. A1 confessed about the involvement of A2 and A3 in the present crime. The contraband was seized under cover of a mediators report and a case has been registered against the accused.

4. Heard. Perused the record.

5. A perusal of the material on record goes to show that based on the confessional statement of co-accused, the petitioner herein was arraigned as accused in the present crime. Pursuant to the confessional statement, nothing incriminating has been seized from the possession of the petitioner herein. The alleged incident took place on 18.07.2024 and the petitioner herein was arrested on 23.10.2024 and since then he is in judicial remand. The quantity of Ganja allegedly seized from the possession of co-accused is 7 Kgs, which is not a commercial quantity. Learned Assistant Public Prosecutor submitted that major portion of investigation has been completed.

6. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/A2 on the following conditions.

i) The petitioner/A2 shall be released on bail on his executing a 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 and Sessions Judge-cum-Special Judge for trial of offences under the NDPS Act, Visakhapatnam.

ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday between 10.00 am and 01.00 pm, till filing of the charge sheet.

7. Accordingly, the Criminal Petition is allowed.

_______________________ K. SREENIVASA REDDY, J Dated:11.02.2025 Nsr HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1103 of 2025 Dated:11.02.2025 Nsr