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Judgment
This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) praying this Court to enlarge the petitioner, who is arrayed as accused No.2, on bail in connection with COR No.298 of 2026 of Proh. and Excise Station, Bhadrachalam, which was registered for the offence punishable under Sections 8(c) read with 20(b)(ii)(B) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).
Heard Sri B.Muralidhar, learned counsel for the petitioner-accused No.1 and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent–State.
The case of the prosecution is that on 17.09.2026, while conducting route watch near the RTA Office, Veerabhadra Function Hall, Kunavaram Road, Bhadrachalam, the Prohibition & Excise Officials intercepted a Bajaj Pulsar 150 CC motorcycle bearing registration No.TG 2Z 7603 and found 2.760 kgs of dry ganja in a bag carried by the petitioner-accused No.2 and another. They were arrested and a confession-cum-seizure panchanama was recorded in the presence of mediators. The petitioner was thereafter remanded to judicial custody on 17.09.2026 and has been in custody since then.
Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations, falsely implicated in the present case and he is in judicial custody since 17.09.2026. He further submitted that the seized contraband i.e., 2.760 kilograms of dry ganja constitute an intermediate quantity and the material part of the investigation is already completed. Therefore, prayed the Court to grant bail to the petitioners by allowing this criminal petition.
On the other hand, learned Additional Public Prosecutor submitted that the seized contraband is an intermediate quantity and that there are no other cases pending against the petitioners.
Petitioner – accused No.2 was arrested on 17.09.2026 and remanded to judicial custody and since then he is in jail and contraband which is seized from the possession of petitioner is only 2.760 kgs., of dry ganja which is intermediate quantity.
Having regard to the facts and circumstances of the case and as the petitioner is in jail from 17.09.2026 and since major portion of the investigation is completed, detaining the petitioner-accused No.2 further in judicial custody will not serve any purpose. Accordingly, this Court is of the view that the petitioner – accused No.2 is entitled for grant of bail, subject to the following conditions:
The petitioner – accused No.2 shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class at Bhadrachalam.
The petitioner – accused No.2 shall appear before the concerned SHO between 11:00 a.m. and 5:00 p.m., on every Sunday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.
The petitioner – accused No.2 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
The petitioner - accused No.2 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses.
In the event of violation of any of the above conditions, the prosecution is at liberty to file an application for cancellation of bail.
Accordingly, this Criminal Petition is allowed.
Miscellaneous applications, if any pending, shall stand closed.