AMARAVATI, India, June 17 -- Andhra Pradesh High Court issued the following order on May 14:

1. This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the Petitioner/A.6, seeking bail, in Crime No.10/2026 of Krishnadevipeta Police Station, Anakapalli District.

2. A case has been registered against the Petitioner/A.6 herein and others for the offences punishable under Sections 20(b)(ii)(C) r/w. Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The case of the prosecution, in brief, is that on 05.02.2026 at 6.45 hours, upon receipt of credible information, the Sub-Inspector of Police, Krishnadevipeta Police Station, along with his staff and mediators proceeded to Pallavuru Village, near the New Highway Junction in Anakapalli. It is alleged that the Police apprehended accused Nos.1 to 7 while they were transporting ganja in an i20 car bearing Registration No. WB 96 E 6809 and three scooties. The Police arrested the Accused Nos.1 to 7 and seized 50 Kgs. of loose ganja contained in two gunny bags, allegedly valued at Rs.25,00,000/-, along with certain other incriminating articles, under the cover of a mediators' report. Thereafter, the present crime was registered against the petitioner/A-6 herein and other accused.

4. Learned counsel for the petitioner would submit that the petitioner/A-6 has been implicated solely on the basis of alleged confession statements, without any independent material establishing conscious possession. No contraband was recovered from her possession, nor has any specific overt act been attributed to her. It is submitted that the essential ingredient of "conscious possession" under Section 20 of the NDPS Act is wholly absent, and mere presence with the other accused does not attract criminal liability. Except for the inadmissible confession statements, there is no substantive material connecting the petitioner with the alleged offence. It is further submitted that no CDRs, financial transactions, forensic material, or other corroborative evidence have been produced against the petitioner. She has no criminal antecedents, is in custody for more than 98 days, and the charge sheet has not yet been filed. He further submitted that the petitioner is a young house wife with two dependent minor children and undertakes to abide by any condition imposed by this Court and thereby prayed for grant of bail to the petitioner/A.6.

5. Learned Assistant Public Prosecutor opposed the Criminal Petition, contending that the investigation is still pending. She further submitted that the contraband involved is of commercial quantity and, therefore, in view of the bar under Section 37 of the NDPS Act, the petitioner is not entitled to bail at this stage. She also submitted that the petitioner is a habitual offender and accordingly prayed for dismissal of the Criminal Petition.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv57Q9qZUNkEOrdB6p5GXJIXU5h%2BYS7G%2F296SITwGanc4&caseno=CRLP/3747/2026&cCode=1&cino=APHC010238532026&state_code=2&appFlag=)

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