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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.3 on bail in Crime No.102 of 2025 of Makavarapalem Police Station, Anakapalli District, registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 20(b)(ii)(C) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Sri Pulapalli Babji, learned counsel for the Petitioner/Accused No.3, submits that the Petitioner/Accused No.3 is innocent of the alleged offence and has been falsely implicated by the police. He is a law-abiding citizen and the sole breadwinner of his family. The Petitioner/Accused No.3 undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions the learned counsel prays that the present petition be allowed in the interest of justice.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner/Accused No.3, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner/Accused No.3 is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed.
Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the petitioner/Accused No.3 was arrested on 02.08.2025 at the spot. He has been in judicial custody for the past 402 days. The petitioner/Accused No.3 is alleged to have been involved in dealing with 370 Kgs. of ganja. The quantity is not only a commercial quantity but also a colossal quantity. This Court, vide order dated 12.08.2026 in Crl.P.No.6704 of 2026, dismissed the first bail application. The charge sheet has not yet been filed. There are two adverse antecedents reported against the petitioner/Accused No.3. Accused No.1 was released on bail by this Court on 24.03.2026 in Crl.P.No.2105 of 2026. Accused Nos.6, 7 and 8 were also enlarged on bail vide orders dated 10.04.2026 in Crl.M.P.Nos.802 and 803 of 2026, and dated 13.04.2026 in Crl.M.P.No.864 of 2026, by the learned I Additional District and Sessions Judge, Visakhapatnam. The petitioner/Accused No.3 is a permanent resident of Anakapalli District, Andhra Pradesh. Material part of the investigation with regard to the alleged role played by the petitioner/Accused No.3 has been completed. Therefore, the possibility of the petitioner/Accused No.3 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 levelled against the Petitioner/Accused No.3, this Court is inclined to enlarge the Petitioner/Accused No.3 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.5,00,000/-(Rupees Five Lakhs only) with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam.
The Petitioner/Accused No.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 Petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.3 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.
The Petitioner/Accused No.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 from disclosing such facts to the Court.
The Petitioner/Accused No.3 shall surrender his passport, if any, to the Investigating Officer, if he claim that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.