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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 petitioner/Accused No.1 on bail in Cr.No.229 of 2026 of Kancharapalem Police Station, Visakhapatnam District, registered against the petitioner/Accused No.1 herein for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Mr. Dasari Ramakoteswara Rao, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he is falsely implicated in this case; he is sole bread winner of his family; he is ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner/accused No.1 on bail.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, submits that the investigation is not completed; if the petitioner was granted bail, he will repeat the same offence, and urged to dismiss the bail petition.
Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the petitioner was arrested on 07.08.2026. He has been in the iudicial custody for the period of 31 days. The allegation against the petitioner is that he was found in a possession of the 2.00 kgs ganja illegally. It is not a commercial quantity. There are no similar adverse antecedents against the petitioner. Petitioner is permanent resident of State of Bihar. He has got fixed abode. So far, five witnesses have been examined and the material portion of the prosecution evidence has been substantially completed. Therefore, the possibility of the petitioner threatening the witnesses, tampering with the evidence, or hampering the investigation may not arise.
Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following conditions:
The petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned VII Additional Chief Judicial Magistrate-Cum-Additional Civil Judge (Senior Division) Court at Visakhapatnam.
The petitioner/Accused No.1 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 petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the learned Trial Judge.
The petitioner/Accused No.1 shall not commit or indulge in similar offences while on bail.
The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him.