Koppisetti Rajesh, S/O. Koppisetti Srinu 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 petitioner/Accused No.3 on bail in Cr.No.177 of 2025 of Visakhapatnam Railway Police Station, Visakhapatnam, registered against the petitioner/Accused No.3 herein for the offences punishable under Section 8 (c) read with 20 (b) (ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

The case of the prosecution is that on 17.05.2025, on receipt of credible information about illegal possession and transportation of ganja, the Sub-Inspector of Police, Visakhapatnam Railway Police Station, along with his staff and mediators, rushed to the north end of Platform No.1 of Visakhapatnam Railway Station. The police noticed two persons with two bags moving suspiciously and, on seeing the police, the said persons tried to escape. The police apprehended them. During investigation, Accused Nos.1 and 2 disclosed their address particulars, and dry ganja packets weighing about 11.53 kgs were found in the bags and seized under the cover of a mediators’ report. Based on the confessional statements of Accused Nos.1 and 2, the present petitioner was arrayed as Accused No.3.

Sri G.Maheswara Rao, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes 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.

Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed.

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

As seen from the record, the possession and transportation of petitioner/Accused No.3 was indulged in 11.53 kgs of ganja, which is a non-commercial quantity, the petitioner has been languishing in jail since 17.05.2025. Nearly for the past 75 days he has been in judicial custody. The petitioner/Accused No.3 is the permanent resident of Chodisetty Street, Thammapuram, Near APSP Camp Office, Kakinada Urban, Kakinada District. The material portion of the investigation is completed; hence, the petitioner may not have impeded the investigation process. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigation may not arise.

Considering the period of detention undergone by the petitioner/Accused No.3 in judicial custody for the past 75 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions:

i. The petitioner/Accused No.3 shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class Magistrate for Railways-Cum-VI Additional Civil Judge Court, Visakhapatnam.

ii. The petitioner/Accused No.3 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.

iii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

iv. The petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future.

v. The petitioner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required.

vi. The petitioner/Accused No.3 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

Accordingly, the Criminal Petition is allowed.