BOMMISETTY HARI KIRAN Vs. STATE OF A.P.

JUDGEMENT

(1.) The Criminal Petition has been filed under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS') by the Petitioner/Accused No.4 for granting of pre-arrest bail in connection with Crime No.286 of 2024 of Chinnachowk U/G Police Station, Kadapa District, registered for the alleged offences punishable under Ss. 8(c) read with 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act').

(2.) On 2/8/2024, acting upon credible information received from informants regarding the illegal sale of Ganja in the Chinnachowk area of Kadapa City, the Sub-Inspector of Police, Chinnachowk (U/G) Police Station, proceeded to the scene of offence along with a Gazetted Officer and two Revenue Officials. Upon arrival, the police apprehended one Saraka Narasimhulu (A-1), who was allegedly found in possession of approximately 2 kilograms of Ganja, concealed in a white plastic bag placed on a blue Honda Dio scooter bearing Registration No.AP39-RF-3400. The seizure was affected in the presence of panch witnesses, and the contraband was duly documented. During interrogation, Accused No.1 confessed that he, along with Venkata Sandeep Kumar (A-2), Harikrishna (A-3), Bommisetty Hari Kiran (A-4), and Chidananda Reddy @ Chitti (A-5), was engaged in the sale of Ganja in small packets to various individuals in and around Kadapa Town. It was further alleged that the said contraband was procured from Araku and distributed among the accused persons for resale on a commission basis.

(3.) Mr. Dheera Kanishka, learned Counsel for the Petitioner, submits that the Petitioner has not committed any offence. He was falsely implicated in this case. He is ready and abide any conditions to be imposed by this Court while granting pre-arrest bail. He is permanent resident of Siddulapalli, Tallapaka, Rajampeta Mandal, Mannur, Annamayya District, thus he got fixed abode. Material portion of investigation is completed. Case is of the year 2024. For the past one year the police have not chosen to arrest the Petitioner, and there is no considerable progress in the investigation. It is urged to grant prearrest bail to the Petitioner/Accused No.4.