DHANA KHARA Vs. STATE OF A.P.

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.5 and 6 on bail in Cr.No.57 of 2025 of Gajuwaka Police Station, Visakhapatnam Commissionerate, registered against the petitioners/Accused Nos.5 and 6 herein for the offences punishable under Sec. 20 (b) (ii)(C) read with 8 (c), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act').

(2.) The case of the prosecution is that on 11/2/2025, at about 07.00 hours, on receipt of credible information about illegal possession and transportation of ganja, the City Task Force, Visakhapatnam, along with the staff of Gajuwaka Police Station, secured mediators, rushed to behind More Super Market, VUDA Colony, Kanithi Road, Gajuwaka, Visakhapatnam City, and conducted a raid. During the search, Accused Nos.1 to 8 were apprehended, while A-9 is absconding. In the presence of mediators, the police seized (1) 184 kgs of ganja, (2) a Kia Seltos car bearing No. OD10U 7595, and (3) eight mobile phones belonging to the accused. The contraband, vehicle, and cell phones were seized under the cover of a mediators' report, and the accused were arrested and remanded to judicial custody.

(3.) Ms.Bandi Praveena, the learned counsel for the petitioners contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice.