(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-6 on bail in Cr. No. 271 of 2024, of Gopalapatnam Police Station, Alluri Seetharama Raju District under section 20(b)(ii) © R/Ws © of NDPS Act 1985 dated 27-11-2024)

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 Crime No. 271/2024 dated: 27.11.2024, on the file of the Gopalapatnam Police Station, Visakhapatnam District, registered for the offences punishable under Section 20 (b)(ii)(C) r/w 8(c) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. Case of the Prosecution, in brief, is that, on 27.11.2024 at 8.30 am, on receipt of credible information regarding illegal possession and transportation of ganja, the S.I. of police, along with staff, proceeded to North Simhachalam Railway Quarters, Gopalapatnam Village and started conducting vehicle checking. At that time, they found four persons coming towards them and on seeing police, the said four persons tried to escape. Then Police apprehended them and on interrogation, they disclosed their identity particulars as of A1 to A4. Police found 20 Kgs of ganja from the possession of A1 to A4. Police seized the contraband, arrested the accused and got remanded to Judicial Custody on 27.11.2024 and since then they are in judicial remand.

3. Heard Sri Kakumanu Joji Amrutha Raju, 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 on the confession of other accused. The petitioner has not committed any offence and he is innocent. He is the sole breadwinner of his family. It is further submit that most of the investigation might have been completed and therefore the petitioner/accused No.6 may be enlarged on bail. The accused No.4 was released on bail on 19.02.2025 in Crl.P.No.865 of 2025 by a Coordinate Bench of this Court. The accused No.5 was released on bail by this Court vide order dated 12.03.2026 in Crl.P.No.1744 of 2026. The petitioner was arrested on 09.01.2026 and since then he has been in judicial custody. He would further submit that the petitioner herein is also on the same footing as of the accused Nos.4 and 5. Learned counsel would finally pray to enlarge the Petitioner on bail.

5. Learned Assistant Public Prosecutor opposed for granting bail and would submit that charge sheet is filed in this matter. She would further submit that the Court may pass appropriate orders.

6. On perusal of the material on record goes to show that basing on the confessional statement of co-accused, the name of the petitioner herein was shown as accused in the present crime. Pursuant to the confessional statement of the co-accused, nothing has been seized from the possession of the petitioner herein/accused No.6. The petitioner was arrested on 09.01.2026. The learned Single Judge of this Court in Crl.P.No.865 of 2025 on 19.02.2025 enlarged accused No.4 on bail with certain conditions. This Court vide order dated 12.03.2026 in Crl.P.No.1744 of 2026, released the accused No.5 on regular bail. The investigation in respect of petitioner has been completed. The petitioner also stands on the same footing of accused Nos.4 and 5.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the Petitioner/Accused No.6, this Court is inclined to enlarge the Petitioner/Accused No.5 on bail.

8. 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 II Additional Judicial Magistrate at 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 claim 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 Sunday between 10:00 am and 05:00 pm, until further orders.

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