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Judgment
This Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), by the petitioner/Accused No.1 seeking his release on bail in connection with Crime No.248 of 2026 of Muvvalavanipalem Police Station, Visakhapatnam Commissionerate. The crime was registered for the offence punishable under Section 20(b)(ii)(B) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”).
The case of the petitioner is that he is not concerned with the alleged offence and has not been involved in any similar offence. He submits that he is a law-abiding citizen and that he has been falsely implicated in the case.
Heard Sri K. Ranga Srinivas, learned counsel representing Sri M. Ram Prasad, learned counsel for the petitioner, and Ms. P. Akhila Naidu, learned Assistant Public Prosecutor for the respondent-State. Perused the material available on record.
The record shows that the case concerns the alleged possession of 2 kilograms of ganja. The learned counsel for the petitioner submits that the petitioner has no criminal antecedents of a similar nature, is the sole breadwinner of his family, and has been in judicial custody for 36 days. It is also submitted that most of the investigation has been completed.
The learned Assistant Public Prosecutor submits that the quantity involved is below commercial quantity, that most of the investigation has been completed, and that the petitioner has no antecedents involving similar offences.
Having considered the submissions and the material available on record, this Court notes that the alleged quantity of ganja is below commercial quantity. The petitioner has been in custody for 36 days, most of the investigation is stated to have been completed, and no similar criminal antecedents have been brought to the notice of this Court. In these circumstances, and subject to appropriate conditions to secure the petitioner’s presence and ensure that the investigation and trial are not prejudiced, this Court is of the view that the petitioner can be enlarged on bail.
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.
Accordingly, the Criminal Petition is allowed and the petitioner/ accused No.1 shall be enlarged on bail on executing self bond for Rs.10,000/- (Rupees ten thousand only), with two sureties for the like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Visakhapatnam and the petitioner shall abide the conditions contemplated under Section 480 of the BNSS and shall not tamper with the prosecution evidence or influence any witnesses. He shall cooperate with the investigation and attend the Court as and when required. In the event of any breach of the conditions, the prosecution is at liberty to seek cancellation of bail in accordance with law.
As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed.