Arajalla Naresh @ Gundulaki & Ors. vs State Of Andhra Pradesh

Dr Y. Lakshmana Rao, J

The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 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 Sections 20 (b) (ii)(B) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

The case of the prosecution is that on 16.05.2025 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/- and purchased the ganja at the Railway Station, which was initially kept at A-1's residence. On 16.05.2025, 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.

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.

Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and it is urged to dismiss the bail application.

Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

As seen from the record, the petitioners/Accused Nos.2 and 3 were arrayed as accused based on the confession of Accused No.1. The Accused No.1 was found in possession of 6 Kgs of Ganja. The petitioners/Accused Nos.2 and 3 were arrested on 16.05.2025. They have been in judicial custody for the past 70 days. There are no adverse antecedents against the petitioners, as per the submission of the learned Assistant Public Prosecutor. The material portion of the investigation is completed. All the witnesses are official witnesses. Hence, the question of petitioners tampering the evidence and hampering the investigation would not arise.

Considering the gravity and nature of the allegations levelled against the petitioners, their alleged role played in this case, and the period of detention they have undergone in judicial custody, this Court is inclined to enlarge the petitioners on bail with certain stringent conditions.

In the result, the Criminal Petition is allowed with the following conditions:

i. The petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties for the like sum each to the satisfaction of the learned Chief Judicial Magistrate, Visakhapatnam.

ii. The petitioners/Accused Nos.2 and 3 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till the filing of charge sheet.

iii. The petitioners/Accused Nos.2 and 3 shall not leave the limits of the District without prior permission from the Investigating Officer.

iv. The petitioners/Accused Nos.2 and 3 shall not commit or indulge in similar offences in future.

v. The petitioners/Accused Nos.2 and 3 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when required by him.