Ananta Masadi vs The State Of Andhra Pradesh

This Criminal Petition is filed by the petitioner/ accused No.14 to enlarge him on bail in connection with crime No.5 of 2026 of Ramabadrapuram Police Station, Vizianagaram, for the offences punishable under Section 20 (b)(ii)(b) r/w Section 8 (c) of NDPS Act.

Heard Sri Pulapalli Babji, learned counsel for the petitioner and Ms.P.Akhila Naidu, learned Assistant Public prosecutor and perused the record.

As seen from the record, a case in crime No.5 of 2026 is registered of the offences under Section 8 (c) read with Section 20 (b)(ii)(B) of N.D.P.S Act against the petitioner and 14 others. Since 12.01.2026 i.e., 284 days, petitioner has been languishing in judicial custody. As per the version of the petitioner and Assistant Public Prosecutor, petitioner has not involved in any other similar type of offences and the contraband involved in this case is 15.76 Kgs.

Learned counsel for the petitioner submitted that the petitioner is sole bread winner of his family and most of the accused are enlarged on bail, investigating officer laid charge sheet, the same is registered as SC.NDPS.No.71 of 2026 and the same is pending on the file of I Additional District and Sessions Judge, Salur.

Learned Assistant Public Prosecutor submitted that so far as investigation against petitioners/ accused Nos.1 to 15 is already completed except accused Nos.12 and 13 and accordingly, charge sheet laid and the same is registered.

Further, it is settled principle of law that pre-trial incarceration makes justification depending upon the offences, heinous nature, term of the sentence prescribed in the statue for such a crime, probability of the accused fleeing from justice, tampering the investigation, criminal history of the accused, and doing away with the victims and witnesses and further, the court is under an obligation to maintain balance between all stake holders and safe guard the interests of the victim, accused, society, and the state.

Having considered the facts and circumstances of the case, coupled with the submissions of the learned counsel for the petitioner and principle that jail is the general rule and bail the exception in appropriate cases, this Court is of the considered view that the request of the Petitioners can be considered to enlarge them on bail and such as course sub serves the ends of justice.

In the result, this Criminal Petition is allowed and the petitioner shall be enlarged on bail on execution of self bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like to the satisfaction of the learned Additional District Judge, Vizianagaram, the petitioner is abide the conditions contemplated under Section 480 of BNSS.

As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed.