lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SIXTH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE ~' :PRESENT:` THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PE"T!ON NO: 6009 OF 2025 Between : Nadeem, S/o.Babu, aged about 30 years, R/o. Ashoka Extension, Aduvalli Post, Hassan District, Karnataka. ...Petitioner/A1 .!':..t':.AND The State of Andhra Pradesh, SHO, Dwaraka P.S., Vlzakapatanam, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. I..Respondent . I I- Petition under Section 4_.80:`&:4.,83 of BNSS, 2023 (Under Section 438 & 439 of Cr.P.C) is filed praying that in the circumstances stated in memorandum of grounds of criminal Petition, the 'High Court may be pleased to enlarge the Petitioner on Regular Bail in respect to the Crime No.91/2025 on the file of Dwaraka Police Station, Visakapatanam; The petition coming on for.,hearing, upon perusing the petition and memorandum of grounds of cri..minal petition and upon hearing the arguments of Sri Anand Kumar ,.Kochiri, Advocate for the Petitioner and Public Prosecutor for the Responc!ent, the Court made the following; ORDER: The Criminal Petition has been filed under sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSSJ), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.91 of 2025 of Dwaraka Police Station, Visakhapatnam, registered against the petitioner/Accused No.1 herein for the offence punishable under section 8(c) read wi`th 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity {the e==S I. 2? <± I.\ JV 2 \. . NDPS Act"). 2. The case of the prosecution, in a nutshell, isthaton 10.05.2O25, on receipt of credible information, the S.l[ of police along with staff in the presence Of the mediators found the accused in possession of 4.7 kgs ganja and When questioned the accused confessed that he belong to Karnataka State and he iS transporting the ganja illegally. The contraband was seized under the cover Of mediators report. 3. Heard, learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Anand Kumar Kochiri, learnedc counsel for the petitioner, submits that the petitioner has not committed any offence; the petitioner is innocent; the petitioner was falsely implicated; petitioner is the sole bread winner Of the family and he would abide by any conditions to be imposed by this court. He further submits that section 37 of [the NDPS ActJ could not be attracted to the facts Of ), fa the case and urged that the petitioner be enlarged on bail. 5. On the other hand, Ms.P.Akila Naidu, learned Assistant Public Prosecutor, submits that no antecedents are against the petitioner and that 4.7 kgs Of ganja were found in the possession of the petitioner; the invest-lgation is underway, and she urged the Court to pass appropriate Orders. 6. Taking into consideration that custodial interrogation in this Case iS not required becau;e the petitioner has been in judicial custody for the Past 46 days, the contraband alleged to be seized from the possession of the Petitioner iS Only t'LLL*t,*j¥giv `-=so .-_- `.` tis, 4.7 kgs, which 'IS below the commercial quantity, and Section 37 of fthe NDPS Act', could not be attracted to the facts of the case, the nature Of the allegations -s|' - ,,.,__ _` leveled against the petit-loner in the complaint, the specific role played by the petitioner, and the period of detention undergone by him in judicial custody, this Court is inclined to enlarge the petitioner on bail with Strict conditions. 7. ln the result, the criminal petition is allowed with thefOIIowing conditions: i) The petitioner/accused No.1 shall be enlarged on bail subject to the executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned I Additional District & Sessions Judge-Gum-Special Sessions. Judge for Trial of offences under NDPS Act, Visakhapatnam. ii) The petitioner/accused No.1, shall appear before the Station Dwaraka Police Station, Visakhapatnam, on Saturday once in two weeks ®ln between 10:00 am and 05:00 pm., till the conclusion of the Trial. iii) The petitioner/accused No.1 shall not directly or indirectly influence or threaten or meet the witnesses including the de- facto complainant. //TRUE COPY// For ASSISTANT REuI` I To, 1. The I Additional District a'nd Sessions Judge-Gum-Special Judge for Offences of NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Dwaraka Police Station, VIzakapatanam. 4. One CC to Sri. Anand Kumar Kochiri, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy BRA _\`- HIGH COURT D I.YLR,J DATED:26/06/2025 ORDER CRLP.No.6009 of 2025 ALLOWED - -,^lJ55S;*|