1
Crl.M.P.No.246 of 2026
Dt.13.05.2026
IN THE COURT OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
NELLORE.
Present :- Sri R. Sarath Babu,
I Additional District & Sessions Judge,
Nellore.
*** Wednesday, this the 13 th day of May, 2026.
Crl.M.P.No.246 of 2026
Crime No.142 of 2025 of Govt. Railway Police Station, Ongole
Ashik, S/o Jabarulla, aged about 21 years, R/o Kailasa Nagar, Sattanathapuram, Sirkali, Nagapattinam,
Tamilnadu State - 609 109...Petitioner/Accused
Vs.
State: Inspector of Police,
Ongole Railway Police Station....Respondent/Complainant
This petition is coming on this day for hearing before me in the presence of Sri V. Uma Mahesh, Advocate for the petitioner/Accused and of Sri Sk. Rafi Malik, Additional Public Prosecutor for the Respondent/Complainant, after perusing the case records and having stood over for consideration, this Court made the following:-
O R D E R
This bail application is filed by the petitioner/Accused under Section 483 of B.N.S.S., in Crime No.142 of 2025 of Ongole Railway Police Station for the offence punishable under Section 8(c) r/w 20(b) (ii) (B) of N.D.P.S Act, 1985.
2.The brief facts of the prosecution case are that, this is a case of “illegal possession of Ganja having illegally sold out by gaining illegal profit” that
2
Crl.M.P.No.246 of 2026
Dt.13.05.2026 occurred on 27.12.2025 at 19.40 hours, in the front side of General
Compartment of Train No.13351 Bokaro Express after crossing of Ongole
Railway Station and reported in the Railway Police Station on 27.12.2025 at 23.30 hours by the complainant K. Madhusudhana Rao, Sub-Inspector of
Police, Ongole RPS, wherein it is reported that general checking was conducted on the above train along with his staff and the EAGLE Anti-
Narcotics Task Force, RPF, ASI, CIB, Nellore.During the check of the trail, they found two college bags from the possession of the petitioner/accused and a strong odor characterstic of ganja coming from his two college bags.On suspicion, the complainant opened the bags and found 11.800 grams of ganja in both the bags, the estimated value of the Ganja is Rs.94,400/-, and the “Ayrvedik Sri Mahakal Packet” found 33 Chocolate size Ganja sachets, which were in transparent plastic colour found in Black cover (contains Chocolate size packets Garlands-4) and measured the Ganja with electronic machine, total 33 sachets of Ganja Chocolates are weighing 0.180 grams, worth
Rs.1,600/-.The total estimated value of both dry ganja and chocolate are
Rs.96,000/-.Thereupon the accused was arrested on 27.12.2025 at 23.25 hours at Platform No.1 of Ongole Railway Station opposite Ladies waiting Hall.
The accused confessed that he was obtaining Ganja from an unknown person at Munchimpalli village market of Paderu, Visakhapatnam, Andhra Pradesh
State and selling it to habitual users of ganja at Nagapattinam, Tamilnadu
State in various places at higher prices, and thereby earning easy and substantial money.
3.Learned counsel for Petitioner/Accused submitted that the petitioner/A.2 is innocent, did not commit any offence and he is falsely implicated in this case for statistical purpose.It is further submitted that the petitioner has been in judicial custody since 28.12.2025, and that the petitioner is the only bread winner of his family, his parents are old age and unable to do any hard work. It
3
Crl.M.P.No.246 of 2026
Dt.13.05.2026 is further submitted that entire investigation is completed, the petitioner is having fixed abode and good reputation in his village and he is ready to furnish solvency to the satisfaction of this Court, and he is undertaking that he will attend before the Court regularly, and he is ready to abide by any conditions imposed by this Court. Hence, it is prayed to enlarge the petitioner on bail.
4.Notice given to the Learned Additional Public Prosecutor who strongly opposed the bail application and further submitted that the native place of the petitioner/accused is Kailasanagar, Sattanathapuram, Srikali, Nagapatnam of
Tamilnadu State, the investigation is pending, there is every chance of committing similar offence by the petitioner/accused, if he is released, and there is every likelihood that the accused may tamper with the prosecution evidence, influence or threaten witnesses.Hence, prayed to dismiss the petition.
5.Heard both sides and perused the record.
6.Now the point for consideration is that:- “Whether the Petitioner/Accused is entitled for bail?”
Point:-
7.I have carefully gone through the FIR, mediatornama as well as remand report of the petitioner/accused.The Station House Officer, Ongole GRPS during his general checking on 2712.2025 at 7.00 p.m. along with his staff fund the petitioner/accused in Bokaro Express and on seeing the police party, the petitioner/accused tied to abscond, but he caught hold of him and by that time the accused was having a College bag and on search the SHO found 11.800
Kg of Ganja in the form of chocolate size packets and then he arrested the petitioner/accused under a cover of mediator report and said report was registered as a case in Crime No142/2025 for the offence punishable under
Section 8(C) r/w 20(b)(ii)(B) of NDPS Act.On carefully gone through the
4
Crl.M.P.No.246 of 2026
Dt.13.05.2026 mediator report in which it was clearly mentioned about the search and seizure of Ganja from the possession of the petitioner/accused. Thereby, the contents mentioned in mediator report a prima facie case is made out against the petitioner/accused for the offence punishable under Section 8(C) r/w 20(b)(ii)(B) of NDPS Act.
8.The learned counsel for the petitioner/accused vehemently argued that the petitioner/accused is in judicial custody since from 28.12.2025 and the investigation is completed, except filing of charge sheet. At this juncture, the learned Addl. Public Prosecutor argued that as per the confession of the petitioner/accused he purchased the Ganja from one unknown person of
Munchimpalli Village of Paduru, Visakhapatnam, as such the said person has to be apprehended and without arrest of the said person, the investigating officer may not be in a position to file charge sheet. I am unable to accept with the contention of the learned Addl. Public Prosecutor. Undoubtedly, there is no specific details of the person from whom the petitioner/accused purchased the
Ganja and no steps have been taken by the investigating officer to trace that person.If it is the case, it can be safely hold that the material part of the investigation is completed, except filing of the charge sheet. I am taking into consideration that the seized Ganja is below the commercial quantity and since five months the accused is in judicial custody, if it is so, the accused is entitled for bail.At this juncture, the learned Addl. Public Prosecutor vehemently argued that the petitioner/accused is resident of Nagapattinam of Tamilnadu
State and if the petitioner/accused is enlarged on bail, it is very difficult to secure the petitioner/accused in future. Undoubtedly, on that ground alone the bail cannot be rejected.
5
Crl.M.P.No.246 of 2026
Dt.13.05.2026
9.On careful consideration of the material on record and basing on my above discussion, without hesitation I hold that it is a fit case to enlarge the petitioner/accused on bail.
10.IN THE RESULT, this petition is allowed and the Petitioner/Accused shall be enlarged on bail on his executing a personal bond for Rs.20,000/- with two sureties for a like sum each to the satisfaction of learned Judicial Magistrate of
I Class for Railways, Nellore.The Petitioner/Accused is directed to furnish
copies of title deeds along with solvencies.
DictatedtotheStenographerGr.I,transcribedbyhim,correctedand
pronounced by me in the open Court this the 13thday of May, 2026.
Sd/ R. Sarath Babu,
I Additional Sessions Judge,
Nellore.
Copies to:-
1. The Judl. Magistrate of I Class for Railways, Nellore.
2. The Addl. Public Prosecutor, I ADJ Court, Nellore.
3. Sri V. Uma Mahesh, Advocate for the Petitioner/Accused.
4. The Station House Officer, Govt. Railway Police Station, Ongole.
5. The Superintendent, Central Prison, Nellore. // True Copy //