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THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3984 of 2025 1
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
Criminal Petition No. 3984 of 2025
ORDER:
The Criminal Petition has been filed under Sections 480 of Bharatiya Nagarik Suraksha Sanhita, 2023, (for brevity ‘the B.N.S.S’) seeking for releasing the petitioner/accused No.6 on bail in Crime No.114 of 2025 registered on the file of G.R.P. Police Station, Visakhapatnam, for the offence punishable under Sections 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the N.D.P.S Act’).
2. The case of the prosecution is that, on 22.03.2025, the railway police officials of Visakhapatnam found 14 kgs of ganja in the possession of accused Nos.1 and 2 while they were transporting dry ganja. They were arrested and the contraband was seized from their possession under the mediators report.
3.
Learned counsel for the petitioners/accused Nos.1 and 2 submit that petitioners are poor, unemployed tribal people who were trapped by the ganja mafia luring them to pay Rs.7,000/- per trip for each person and they were made to commit this alleged offence; the petitioners have not committed any similar offence;
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3984 of 2025 2
they will abide by the conditions to be imposed by this Court; they are sole bread winners of the family and urged to enlarge them on bail.
4. Per contra Ms.Akhila Naidu, learned Assistant Public Prosecutor opposes to enlarge the petitioners on bail and submitted that the investigation is still pending and requests to dismiss the petition.
5. On perusal of the record, the petitioners have been in the judicial custody for the past 35 days as they were arrested on 22.03.2025; 14 kgs of the contraband was seized from the possession of the petitioners, while they were transporting the same to the desired destiny. In the remand report it is reveled that one person by name Aman who lured the petitioners that if they transport ganja from Balangir, Odisha to Secunderabad Telangana, he would pay them Rs.7,000/- per trip for each person. It appears that the petitioners are tribal of Jabalpur. The prosecution also has not reported adverse antecedents against the petitioners.
6. In view of the above reasons, I am inclined to enlarge the petitioners on bail with the following stringent conditions:
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3984 of 2025 3
i) The petitioners shall be enlarged on bail on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Five Thousand only), with two sureties each for the like sum each to the satisfaction of the learned VI Metropolitan Magistrate, Railways, Visakhapatnam. ii) The petitioners shall not commit or indulge the similar offence in future. iii) The petitioners shall not influence or pressure the witnesses. iv) The petitioners shall cooperate with the Investigating Officer. v) The petitioners shall appear before the Station House Officer, Visakhapatnam Police Station, G.R.P.Vijayawada, on every Saturday in between 10:00 am and 05:00 pm till the cognizance is taken by the learned VI Metropolitan Magistrate, Railways, Visakhapatnam.
_________________________ DR. Y. LAKSHMANA RAO, J Date: 29.04.2025 M K K