Goliori Podalam,, S/O.Late.Arjun vs State Of Andhra Pradesh

K Sreenivasa Reddy, J

This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘BNSS’) has been filed by the petitioner/accused No.1, seeking regular bail, in Crime No.8 of 2025 of G.Madugula Police Station, Alluri Sitharama Raju District.

A case has been registered against the petitioner/ accused No.1 and other accused for the offences punishable under Section 20 (b) (ii) (C) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

Case of the prosecution, in brief, is that, on 05.03.2025 at about 8.00 a.m. at Kothur Junction, G.Madugula Mandal, while the Sub-Inspector of Police, along with police personnel and revenue officials, was conducting vehicle checking, they found a person, with a bundle on his shoulder, coming from the direction of G.Madugula village, and on seeing the police, he tried to run away; that the police caught hold the said person and on questioning his identity his particulars, he is revealed his identity, who is petitioner herein/accused No.1; that the accused No.1 was questioned and he was found in possession of Golgori bush with cannabis leaves, flowers and seeds weighing 30 kgs; police seized the contraband under the contraband under the cover of a mediators report, arrested the accused No.1 and took him into custody and registered a case in Crime No.8 of 2025 for the aforesaid offences and got remanded the accused No.1 to judicial custody and investigated into.

Heard. Perused the record.

Learned counsel for the petitioner would contend that the son of petitioner is suffering from Homozygous Sickle Cell Anemia (HBSS) and presence of petitioner/accused No.1 is very much required; that major portion of investigation is completed, except filing of charge sheet.

Learned Special Assistant Public Prosecutor for State opposed the bail application submitting that the analysis report from RFSL is yet to be received and investigation is not yet completed.

On 27.06.2025, this Court adjourned the matter to list after one week, as the learned Special Assistant Public Prosecutor sought time to get instructions. Today, during morning session, learned counsel for the petitioner/accused No.1 moved Court Slip stating that on 03.07.2025, the brother of petitioner/accused No.1 died due to health issue and prayed the Court to grant Lunch Motion. Accordingly, this Court directed the Registry to place the matter during Lunch Motion for hearing.

A perusal of entire material on record goes to show that the quantity of contraband that was allegedly seized from the possession of petitioner/accused No.1 is of 30 kgs of Ganja. The petitioner/accused No.1 was arrested on 05.03.2025. In view of the submission made by the learned counsel for the petitioner/ accused No.1 and in view of the aforesaid facts and circumstances of the case, since entire investigation in this case has been completed except filing of charge sheet and since the petitioner/accused No.1 has been languishing in judicial custody since 05.03.2025, this Court is inclined to grant bail to the petitioner/ accused No.1, on the following conditions:

(i) The petitioner/accused No.1 shall be released on bail on his executing personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for like sum each to the satisfaction of the learned I Additional District and Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, 1985, Visakhapatnam;

(ii) On release, the petitioner/accused No.1 shall appear before the Station House Officer concerned once in a week i.e. on every Friday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet.

Accordingly, the Criminal Petition is allowed.