KAMMA ARAVIND KISHORE Vs. STATE OF A.P.

JUDGEMENT

(1.) The criminal Petition filed, under Sec. 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') seeking anticipatory bail, by petitioner/A6 in Cr.No.51/2025 of Tadepalligudem Town Police Station, West Godavari District registered for the offence punishable u/Sec. 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance , Act, 1985 (for Short 'the NDPS Act'.)

(2.) The Prosecution's case, in brief, is that on 9/2/2025,at approximately 3:00 PM, A1 and A2, both of whom were addicted to Ganja, decided to engage in the illegal trade of Ganja. They contacted A6, who was aware that Ganja was available at a low price on the Andhra-Orissa border in the Visakhapatnam agency area. A6 provided A1 and A2 with Rs.36,000.00 and instructed them to procure 12 kilograms of Ganja with the intention of selling it at a higher price. A1 and A2 went to the mentioned location, purchased the 12 kilograms of Ganja, and subsequently received instructions from A6 through Instagram. A6 directed them to deliver 2 kilograms of Ganja each to A3, A4, and A5 at the Railway Station goods shed road, 1 kilogram for both A1 and A2, and 4 kilograms to himself (A6). However, during the execution of these instructions, the police apprehended A1, A2, A3, A4, and A5. They seized a total of 13.288 kilograms of Ganja, under the cover of mediator's report. A6, however, managed to abscond and evade arrest.

(3.) Learned counsel for the petitioner contends that only on the confession of other accused, the petitioner/A6 is arrayed as A6 in the present crime and there is no proof with regard to the payment of Rs.36,000.00 and the petitioner has no criminal background except the present false case. He also submits that the quantity of Ganja seized from A1 to A5 is 13.288 KGs, which falls under the definition of non-commercial quantity and prays to allow the criminal petition.