(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 grant regular bail to the petitioner / Accused No. 4 in Crime No.223 of 2025 of Santhapet Police Station, Nellore City, SPSR Nellore District registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of the NDPS Act, 1985, on such terms and conditions as deemed fit and proper)

1. The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.4 on bail in Crime.No.223 of 2025 of Santhapet Police Station, SPSR Nellore District, registered against the Petitioner herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Heard Mr.Bhooma Maharshi Reddy, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the record.

3. The case of the prosecution is that, on 16.12.2025 the petitioner/accused No.4 and other accused were found in possession of 20.950 kgs of ganja while they were transporting the same.

4. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime. The learned counsel for the petitioner would further submit that the petitioner is suffering from serious chronic medical ailments and he requires immediate treatment. The investigation in this case is completed. The petitioner undertakes to abide by any condition that this Court may impose while granting bail to the petitioner.

5. The learned Assistant Public Prosecutor, submits that the petitioner, along with the other accused, was involved in transporting 20.950 kgs of ganja, which is a commercial quantity. The investigation is at nascent stage and therefore urges this Court to dismiss the Criminal Petition.

6. The allegation against the petitioner/Accused No. 4 is that he was in possession of 20.950 kg of ganja. The petitioner was arrested on 16.12.2025 and has been in judicial custody since then. A substantial portion of the investigation, insofar as the involvement of the petitioner is concerned, has been completed. All the material witnesses in this case are official witnesses. Therefore, the possibility of the petitioner threatening the witnesses, tampering with evidence, or hampering the investigation does not arise. The petitioner is a permanent resident of Nellore City and has fixed abode. However, it is submitted that the petitioner is suffering from serious chronic medical ailments, as certified by the Deputy Civil Surgeon, Central Prison, Nellore. One Smt. Mohammed Jaharabhi has appeared before this Court and filed an affidavit stating that she is a close relative of the petitioner/Accused No. 4, and has undertaken to take care of him. She has further stated that she is the only person available to look after his welfare and health condition, and that she is willing to admit the petitioner to Government Stanley Hospital, Chennai, for better treatment. The said affidavit is taken on record. This Court feels that if certain stringent conditions are imposed, there is no likelihood of the petitioner absconding or evading the process of law.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the petitioner/accused No.4 and particularly the present health condition of the petitioner, this Court is inclined to enlarge the Petitioner/Accused No.4 on bail.

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

                  i. The Petitioner/Accused No.4 shall be enlarged on bail subject to he 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 Judicial Magistrate of I Class For Special Mobile Court, Nellore.

                  ii. The Petitioner/Accused No.4 shall appear before the Station House Officer concerned as and when required.

                  iii. The Petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future.

                  iv. The Petitioner/Accused No.4 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 or to any police officer.

                  v. The Petitioner/Accused No.4 shall surrender his passport, if any, to the concerned Magistrate Court. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the concerned Magistrate Court.

                  vi. It is made clear that the Petitioner No.4 shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed.