AI Structured Summary
Not yet generated for this judgment
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.14 of 2026 of Visakhapatnam Police Station, GRP Vijayawada, registered against the Petitioners/Accused Nos.1 and 2 herein for the offences 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.Maheswara Rao, the learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offence and they have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. They are law-abiding citizens.
The learned counsel for the petitioners further submits that the petitioners were arrested on 09.01.2026 and have been in judicial custody for the past 241 days. The charge sheet has already been filed. There are no similar adverse antecedents reported against the petitioners. The petitioners undertake 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, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioners and submitted that, though the charge sheet has already been filed, the accusations against the petitioners are well founded, as they were arrested on the spot while they were in possession of 36.00 kgs of ganja, which is a commercial quantity. Hence, he prayed that the Criminal 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 were arrested on 09.01.2026 and have been in judicial custody for the past 241 days. They were arrested on the spot while they were in possession and transportation of 36.00 kgs of ganja, which is a commercial quantity. However, after thorough investigation, the charge sheet was filed within the statutory period on 09.04.2026, and the same has been numbered as N.S.C. No.173 of 2026. There are no similar adverse antecedents reported against the petitioners. Petitioner No.1 is aged about 50 years, while Petitioner No.2 is aged about 60 years. The petitioners are permanent residents of the State of Odisha and they have got fixed abode. It would take considerable time for the learned Trial Court to take up the matter for trial and dispose of the same. Keeping the petitioners in judicial custody for an indefinite period would not serve any useful purpose. If some stringent conditions are imposed while enlarging the petitioners on bail, the interests of justice would be.
Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioners/Accused Nos.1 and 2, and the period of their incarceration, this Court is inclined to enlarge the petitioners/Accused Nos.1 and 2 on bail, subject to stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to their executing a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) each with two sureties each for the like sum each to the satisfaction of the learned I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatam.
The Petitioners/Accused Nos.1 and 2 shall appear before the learned Trial Court on each and every adjournment without fail.
The Petitioners/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the learned Trial Court concerned.
The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in any similar offence while on bail.
The Petitioners/Accused Nos.1 and 2 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/her from disclosing such facts to the Court.