Nerella Sadaiah Alias Sathish vs State Of Andhra Pradesh

Dr Venkata Jyothirmai Pratapa, J

This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused No.1, seeking regular bail, in SC NDPS No. 330/2025 on the file of the Hon’ble 1st Addl. Sessions Judge at Rajamahendravaram in FIR registered as Crime No. 120 of 2022 of Yetapaka Police station.

The case of the prosecution in brief, is that, this is a case of illegal possession and transportation of Ganja that occurred on 12.12.2022 at 4.30 PM near Javahar Navodaya School, Bojjuguppa at Tunika Cheruvu Road of Yetapaka Mandal, wherein the Sub-Inspector of Police, Yetapaka found one Eicher Van, AP 28 TA 8055 which was left by some unknown persons, then he checked the van and seized 60 Kgs of Ganja in 3 plastic bags each bag weighing 20 Kgs under the cover of mediators’ report. Subsequently, on 08.02.2023 the police arrested A-3 in connection with the crime and durig the course of investigation, the petitioner/A-1 was produced in this case on execution of PT Warrant on 07.07.2025.

Heard Sri Duggirala Subash, learned counsel for the petitioner/accused and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

Learned counsel for the petitioner would submit that the petitioner herein is A-1. The crime is of the year 2022. The genesis of this crime is emanated from the abandoned vehicle, from which contraband is seized by the police. He would further submit that only basing on the confessional statement of the A-3, the petitioner herein is implicated in this matter. Investigation is completed. Charge sheet is also filed. The Court has taken cognizance for the offence in SC.NDPS.No.330 of 2025. The petitioner has been in judicial custody since 07.07.2025. He would further submit that A-3, basing on whose confessional statement, the petitioner was dragged into this case, was released on statutory bail and no purpose would be served by keeping the petitioner in jail. He would further submit that the petitioner is not the owner of the vehicle and no material is collected during the course of investigation to connect the petitioner to the seized contraband. He would further submit that the petitioner is ready and willing to furnish sufficient sureties to the satisfaction of the learned Trial Court to secure his presence in the event of petitioner is enlarged on bail. Learned counsel finally prays to allow the present petition.

Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the Court may pass appropriate Orders.

Considering the submissions made and on perusal of the material placed on record and taking into account the facts and circumstances of the case that the Accused No.3, on whose confessional statement, the petitioner was implicated in this matter, was released on statutory bail, the fact that charge sheet is filed and the Court has take cognizance and the fact that the petitioner is in judicial custody since 07.07.2025 and nothing has been seized from the possession of the petitioner, on execution of PT Warrant only, the petitioner was produced before the Court for taking him into judicial custody, that the fact that the investigation is completed, the question of tampering with the investigation or influencing the witnesses does not arise. Accordingly, this Court is inclined to grant bail to the petitioner/Accused No.1.

In that view of the matter, this Criminal Petition is allowed and the Petitioner/ Accused No.1 is hereby enlarged on bail on the following conditions that;

i. The Petitioner/Accused No.1 shall execute a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each, to the satisfaction of the learned 1st Additional Sessions Judge, Rajamahendravaram.

ii. The Petitioner/Accused No.1 shall attend the learned Trial Court on each and every adjournment.

iii. Petitioner is directed not to hamper the investigation and tamper the prosecution witnesses.

iv. It is made clear that the Petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.