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Judgment
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 to 3 on bail in Crime No.128 of 2026 of Pendurthi Police Station, Visakhapatnam District, registered for the alleged offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Mr.Balabhadruni Manohar, the learned Counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence. They have been falsely implicated by the police. It is further submitted that the Petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. They are law-abiding citizens. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition.
Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, the petitioners are arraigned as Accused Nos.1 to 3. The petitioners were arrested on 28.03.2026 and have been in judicial custody for the past 184 days. The petitioners are alleged to have been involved in dealing with 1.00 kg. of hashish oil. Substantial part of the investigation with regard to the alleged role attributed to the petitioners has been completed. However, the charge sheet has not yet been filed, even after expiry of the statutory period of 180 days. The prosecution has not filed any application seeking extension of the period of remand of the petitioners. Further, no application has been filed seeking custodial interrogation of the petitioners. There are no adverse antecedents reported against the petitioners.
The petitioners are the permanent resident of the State of Kerala and have got fixed abode. If the petitioners are enlarged on bail subject to stringent conditions, there is no likelihood of their absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioners, the period of incarceration undergone by them and the stage of investigation, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 3 on bail, subject to certain stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioners/Accused Nos.1 to 3 shall be enlarged on bail subject to their executing a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) each with two sureties each for the like sum each to the satisfaction of the learned VII Additional Judicial Magistrate of First Class Court, Visakhapatnam.
The Petitioners/Accused Nos.1 to 3 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.
The Petitioners/Accused Nos.1 to 3 shall not leave the limits of the District without prior permission from the Station House Officer concerned.
The Petitioners/Accused Nos.1 to 3 shall not commit or indulge in commission of any offence while on bail.
The Petitioners/Accused Nos.1 to 3 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required.
The Petitioners/Accused Nos.1 to 3 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.
The Petitioners/Accused Nos.1 to 3 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer.