(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of rounds of Criminal Petition, the High Courtpleased to enlarge the petitioner/ Accused No.3 on bail in connection with the F.I.R.No.5 of 2026 on the file of Ramabadrapuram Police Station, Vizianagaram District and pass)

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/Accused No.03, seeking regular bail, in F.I.R.No.5 of 2026 on the file of Ramabadrapuram Police Station, registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. The case of the prosecution, in brief, is that on 09.01.2026 at about 14:00 hours, the Sub-Inspector of Police, Ramabhadrapuram, along with his staff, on receipt of credible information regarding illegal transportation of ganja, proceeded to Kottakki village check post in Ramabhadrapuram Mandal, and at about 16:00 hours, while conducting vehicle checking, noticed two motorcycles and one scooty carrying three riders and five pillion riders coming from Salur towards Ramabhadrapuram who attempted to flee on seeing the police, whereupon the police staff chased and apprehended them; on enquiry, they confessed that the bags carried by the pillion riders contained ganja, and upon search and seizure in the presence of a gazetted officer, a total quantity of 15.765 kgs of ganja was recovered from their possession, and during the proceedings, Accused No.1 further confessed that whenever he and the other accused required ganja, they used to contact Accused Nos.7 and 8 over phone, who in turn procured the same from Accused Nos.13 to 15, and all the said proceedings were reduced into writing under the cover of a mediators’ report.

3. Heard Sri Baggi Venkata Pavan Kumar, learned counsel for the petitioner/Accused No.3 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State.

4. Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this crime and that he is in no way connected with the commission of the offence. Learned counsel would further submit that the petitioner has been in judicial custody since 09.01.2026 and that the contraband alleged to have been seized from the possession of the petitioner/Accused No.3 is only 15.765 kgs of ganja, which is a non- commercial quantity. Learned counsel further submits that the petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court.

5. Learned Assistant Public Prosecutor representing on behalf of the State would submit that A1 to A8 were arrested on 09.01.2026 while they were in possession of 15.765 Kgs of ganja. On 12.01.2026, A9, A14 and A15 were arrested while they were in possession of 5.768 Kgs of ganja. Again on 06.03.2026, A10 and A11 were arrested and the quantity of contraband seized from them is 2.844 of Kgs of ganja which is a non-commercial quantity. The petitioner has been in judicial custody since 09.01.2026. The investigation is still pending. She finally submits that the Court may pass appropriate orders.

6. Considering the submissions made and upon keen perusal of the material placed, and in view of the fact that the contraband involved in the present case is a non commercial quantity, and considering the period of detention undergone by the petitioner/Accused No.3, this Court is inclined to enlarge the petitioner/Accused No.3 on bail, subject to the following conditions:

                  i. The petitioner/Accused No.3 shall execute personal bonds for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each, to the satisfaction of the learned Judicial Magistrate of First Class, Salur.

                  ii. The petitioner/Accused No.3 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any.

                  iii. The petitioner/Accused No.3 shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness.

                  iv. The petitioner/Accused No.3 shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. till further orders.

                  v. The petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future.

                  vi. The petitioner/Accused No.3 shall surrender his passport, if any, to the concerned Court. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court.

7. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.

8. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime.

9. Accordingly, this Criminal Petition is allowed.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.