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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 and 2 on bail in Crime No.159 of 2026 of Pedapadu Police Station, Eluru District, registered against the Petitioners/Accused Nos.1 and 2 for the offence punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Mr.G.Kumar Yaddlavalli, learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offences and have been falsely implicated in the present case. They have not committed any offence. They are sole earning members of the family. They are law-abiding citizens. They have got fixed abode. The petitioners undertake to abide by any conditions that may be imposed by this Court while granting bail. Hence, learned counsel urges that the petition may be allowed.
Per contra, Mr. A. Sai Rohith, learned Assistant Public Prosecutor, vehemently opposes 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 likelihood of their absconding, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, learned Assistant Public Prosecutor urges that the petition be dismissed.
Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the petitioners are arraigned as Accused Nos.1 and 2. The petitioners were arrested on 09.10.2026 and have been in judicial custody for the past 27 days only. The investigation is not yet completed, and the RAL report is also awaited. The contention that the seized contraband does not fall within the category of commercial quantity, on the ground that the weight of the plastic pouch with the rubber cap should be excluded from the total weight of the contraband, cannot be appreciated.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioners/Accused Nos.1 and 2 and in view of the pendency of the investigation, this Court is not inclined to enlarge the petitioners on bail at this stage. Hence, this Court finds no merit in the Criminal Petition, and the same is liable to be dismissed.
In the result, the Criminal Petition is dismissed.
As a sequel, Miscellaneous petitions, if any pending, shall stand closed.