ARAJALLA NARESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Criminal Petition has been filed under Ss. 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C.')/ Ss. 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the petitioners/Accused Nos.2 and 3 on bail in Cr.No.84 of 2025 of I Town Police Station, Visakhapatnam Commissionerate, registered against the petitioners/Accused Nos.2 and 3 herein for the offences punishable under Ss. 20 (b) (ii)(B) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act').

(2.) The case of the prosecution is that on 16/5/2025 between 12:00 and 14:00 hours, on receipt of credible information, the Women Sub-Inspector of Police of I Town Police Station, along with the staff and mediators, proceeded to Ghat Road, Sri Satyanarayana Swamy Temple, KGH, I Town area, Visakhapatnam City, and noticed a person holding a brown plastic bag, who, on seeing the police, attempted to flee. The Sub-Inspector of Police apprehended him and identified him as A-1, and found in his possession 6 kg of ganja packed in three brown packets (2 kg each) inside a gunny bag. The contraband was seized in the presence of mediators. During interrogation, A-1 confessed that he, along with absconding co-accused A-2 to A-5, conspired to sell ganja to earn easy money. They pooled Rs.18,000.00 and purchased the ganja at the Railway Station, which was initially kept at A-1's residence. On 16/5/2025, while A-1 was waiting at Ghat Road to distribute the ganja, he was apprehended. The arrest and seizure were carried out in the presence of mediators, and a report was drafted on the spot with the signatures of the accused and mediators. Hence, the FIR was registered.

(3.) Ms.Bandi Praveena, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are sole breadwinners of their family; they are ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioners on bail.