### Grant of Bail to Medicine Store Operator Implicated Solely Based on Co-Accused Memorandum Statement Without Recovery.

The applicant, Jami Raju, a medical store operator, was arrested on October 13, 2025, in connection with Crime No. 357/2025 for allegedly supplying narcotic substances

The prosecution's case began when 202 NITROSUN-10 tablets (totaling 2020 mg) were seized from three other individuals.

During investigation, co-accused Dinesh Korram provided a memorandum statement alleging he purchased the drugs from the applicant’s pharmacy in Odisha.

The applicant sought regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), arguing false implication based solely on an inadmissible memorandum statement, lack of physical seizure from his person, and a claim of parity with a co-accused already granted bail.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the nature of evidence and the quantity of the seized contraband

2. Whether the principle of parity applies given that a co-accused with similar allegations has been granted bail

The court applied Sections 21, 22, and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which govern the punishment and conspiracy related to psychotropic substances.

Procedurally, the application was governed by Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding bail.

The court also considered the evidentiary value of memorandum statements and established principles of parity in bail jurisprudence

and Sections 269 and 209 of the Bharatiya Nyaya Sanhita (BNS) regarding non-appearance and trial conduct.

The Court observed that while the applicant was named in a memorandum statement as the supplier, no contraband was directly seized from his possession.

Crucially, the Court noted that the 202 tablets seized from the primary accused totaled a quantity "less than commercial quantity" under the NDPS Act.

The Court evaluated the applicant's lack of criminal antecedents and his duration of incarceration since October 2025.

It found merit in the plea of parity, as the co-accused, Dinesh Korram @ Danu (who had actually been found in possession and had named the applicant), was granted bail on February 5, 2026, in MCRC No. 10504/2025.

The Court determined that since the trial would likely take a long time, further detention was unnecessary.

The holding answered the issues in the affirmative, granting relief on the grounds of parity, the non-commercial quantity of the drug, and the lack of substantive evidence beyond the co-accused's statement.

The release is subject to stringent conditions, including regular court appearance under Section 351 of BNSS and a prohibition against seeking unnecessary adjournments.