CRLP/3586/2026 of Nakka Rajeev Babu alias Raju Vs The State of Andhra Pradesh on 3 May 2026

ORDER:

This is the second Bail Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), has been filed by the petitioner/Accused No.5, seeking regular bail in connection with Crime NO.93 of 2026 of III Town L&O Police Station, Rajamahendravaram, East Godavari District, registered for the offence under Sections 318(4) and 61(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for Short ‘BNS’) and Section 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS Act’), Sections 25 (1) (A), 25(1-B)a, 27(1), 29 Arms Act.

2. Heard B.Sudhakar Kumar, learned counsel for theptitioner/Accused No.5 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the Respondent/State.

3. The case of the prosecution is that on 24.02.2026 at about 9:30 a.m., the Sub-Inspector of Police, III Town L&O Police Station, along with mediators and a Gazetted Officer, while conducting vehicle checking at Katheru underpass bridge within Katheru Panchayat limits, noticed a car bearing No. HR 54 E 4805 coming at high speed. On noticing the police, the vehicle suddenly turned back in an attempt to escape. The police apprehended Accused Nos. 1 to 5. Upon search, they were found in possession of 5.100 kilograms of ganja, one small pistol with 13 live rounds, one empty cartridge, and bundles of ₹500 currency notes. The same were seized under the cover of a mediators’ report. As per the version of Accused Nos. 1 to 5, they were engaged in illegal trafficking of ganja and firearms in association with Accused No. 6. Consequently, the present crime was registered.

4. Learned counsel for the petitioner would submit that accused Nos.1 to 4 are the tenants of the petitioner/Accused No.5 and therefore, the petitioner is falsely implicated in the present crime. Learned counsel would further submit that the contraband involved in this crime is 5.100 kgs which is a non commercial quantity. It is further submitted that there are no criminal antecedents against the petitioner. Hence, prayed for dismissal of the petition.

5. The learned Assistant Public Prosecutor submitted that the petitioner was apprehended along with other accused on 24.02.2026 and was involved in illegal possession and transportation of ganja. It is further submitted that the investigation is still pending and the charge sheet has not yet been filed. If the petitioner is released on bail at this stage, there is every likelihood of tampering with the evidence. Hence, she prayed for dismissal of the petition.

6. Having considered the submissions made by the learned Assistant Public Prosecutor and perused the material available on record before this Court. It is evident that the petitioner/Accused No.5 is alleged to have been apprehended at the scene of occurrence along with other accused persons while transporting contraband. The prosecution case, at this stage, discloses that the accused were found in possession of 5.100 kilograms of ganja, along with a firearm, live ammunition, and cash. The nature of the allegations indicates prima facie involvement of the petitioner not only in illegal possession but also in transportation of contraband, which attracts the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, as well as the Arms Act, 1959.

7. Having regard to the nature and gravity of the offence, the manner of commission, the seizure of contraband along with a firearm and ammunition, and the fact that the investigation is still pending, this Court is of the considered view that it is not a fit case to grant bail to the petitioner at this stage.

8. Accordingly, the criminal petition is dismissed.

_________________________________________ DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 04.05.2026 KKV

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 3586/2026 Dated 04.05.2026

KKV