(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 Courtpleased to enlarge him on bail in the event of his arrest in connection with Crime No. 119 of 2025 of Nakkapalli Police station, Anakapalli District subject to such conditions the Hon'ble Court deems fit and proper in the interest of Justice.

IA NO: 1 OF 2026

Petition under Section 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 may be pleased to pass interim orders by directing the SHO, Nakkapalli P not to take any coercive steps against the petitioner in connection with Crime no. 119 of 2025 of Nakkapalli PS, Anakapalli District till the disposal of the criminal petition.)

1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) by the Petitioner/Accused No.8 for granting of pre-arrest bail in connection with Crime No.119 of 2025 of Nakkapalli Police Station, registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”).

2. Heard Mr.Duggirala Subhash, the learned Counsel for the Petitioner and Mr.K.Sandeep, learned Assistant Public Prosecutor for respondent State.

3. The case of the prosecution in brief is that the on 09.07.2025 at 08.00 hours on NH-16 Road, Vedulapalem Junction, Nakkapalli Mandal, on receipt of credible information about illegal transportation of ganja, the police conducted raid and while checking the vehicles, a Bolero bearing No.AP 31 TC 7966 was found carrying 20 white gunny bags containing about 840 KGs of ganja. The further case of the prosecution is that the said Bolero was preceded by a scooter and followed by a motorbike acting as pilot vehicles to evade detection. On seeing the police party, the persons on the scooter and motorbike tried to flee away and the Bolero driver tried to reverse the vehicle. However, the police apprehended them and seized the contraband of 840 KGs under the cover of mediators‟ report and registered the crime. Basing on the confession of arrested accused, the petitioner herein has been arrayed as Accused No.8 and yet to be apprehended.

4. Learned counsel for the petitioner submits that it is impossible for the petitioner to be present at two places at the same time, and the case squarely attracts the plea of alibi. The petitioner was not found to be in possession of the alleged contraband.

5. Mr. K. Sandeep, learned Assistant Public Prosecutor, would submit that the petitioner/A-8 is absconded from the scene of offence and further the contraband involved in this case is a huge commercial quantity and vehemently opposed for grant of anticipatory bail to the petitioner/A-8.

6. Considering the submissions made by the learned counsel on either side and upon perusal of the material available on record, this Court is of the view that it is not the appropriate stage to appreciate the plea of alibi. However, the petitioner is at liberty to place relevant material before the investigating agency to substantiate the plea of alibi.

7. In view of the above, the Criminal Petition is disposed of, granting liberty to the petitioner to place the relevant material before the investigating agency. Upon such material being placed, the Investigating Officer shall examine the petitioner‟s plea during the course of investigation to assess the genuineness of the contention raised by the petitioner before this Court and take appropriate steps in accordance with law. The Investigating Officer is directed to consider such material and decide upon the genuineness of the petitioner‟s contention within a period of four (4) weeks from the date of receipt of the such material.