(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 Grounds of Criminal Petition, the High Court pleased to release the Petitioner/Accused. No. 6 on bail in Crime No. 123 of 2022, on the file of the Nathavaram Police Station and pass)

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused No.6, seeking regular bail, in in Crime No. 123 of 2022, on the file of the Nathavaram Police Station, registered for the offences punishable under Section 20 (b)(ii)(C), 25 r/w 8(c) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. The prosecution case, in brief, is that on 10.05.2022, while the police conducting vehicle checking, found the accused in possession of 80 Kgs of Ganja. They have apprehended the A1 to A3 on the spot and seized the contraband under the cover of mediators’ report. During the course of investigation, the police have unearthed the role of the other accused.

3. Heard Sri Dasari Ramakoteswar Rao, learned counsel for the petitioner/accused No.6 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

4. The Learned counsel for the Petitioner/Accused No.6 would submit that the petitioner was falsely implicated in this crime. The petitioner has not committed any offence and he is innocent. He is the sole breadwinner of his family. He would further submit that no contraband was seized from the possession of the petitioner. It was seized from the conscious possession of the Accused Nos. 1 to 3. Learned counsel for the petitioner would further submit that basing on the confession statement of the co-accused, this petitioner was shown as accused and the police filed charge sheet showing the petitioner as absconding. The Court has issued Non-bailable warrant and on execution of the said non-bailable warrant, the petitioner was produced before the Court on 16.01.2026. Since then, the petitioner has been in judicial custody. He would further submit that the investigation is over in this matter and the charge sheet is also filed. The alleged incident is of the year 2022. Except the confession statement, nothing is there against the petitioner.

5. Learned Assistant Public Prosecutor opposed for granting bail and would submit that basing on the confession statement of the co-accused, the petitioner was shown as accused in this matter. The contraband and other property was seized from the possession of the accused Nos.1 to 3. She would further submit that the accused Nos. 1 to 3 are released on bail by the Trial Court.

6. Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the Petitioner/Accused No.6 and the fact that investigation is completed and the charge sheet is also filed in this matter, the fact that except the confession statement of the co-accused, no other incriminating material is there against the petitioner and the fact that no contraband was seized from the possession of the petitioner, this Court is inclined to enlarge the Petitioner/Accused No.6 on bail.

7. In the result, the Criminal Petition is allowed with the following stringent conditions:

                  i. The Petitioner/Accused No.6 shall be enlarged on bail on executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the learned Metropolitan Sessions Judge’s Court, Visakhapatnam.

                  ii. The Petitioner/Accused No.6 shall not commit or indulge in commission of any offence in future.

                  iii. The Petitioner/Accused No.6 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.

                  iv. The Petitioner/Accused No.6 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.

                  v. The Petitioner/Accused No.6 shall surrender his passport, if any, to the concerned Court. If he claims that he do not have a passport, he shall submit an affidavit to that effect to the concerned Court.

                  vi. The Petitioner/Accused No.6 shall appear before the Station House Officer concerned, once in a week, i.e., on every Saturday, between 10:00 AM and 05:00 PM, till cognizance is taken by the Court.

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