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Judgment
This Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), by the Petitioner/Accused No.2 to enlarge him on bail in connection with NDPS SC No.453 of 2025 on the file of I Additional District and Sessions Judge at Rajamahendravaram, for the offences under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
As per the version of the petitioner, he is no way concerned with the allegations leveled by the prosecution, he hails from a respectable family, he has not involved in any other similar type of offences, he is permanent resident of YSR Kadapa District and would abide the conditions if any imposed by this Court. Further, since 490 days, he has been languishing in judicial custody, he is the sole breadwinner of his family, has children and he has to look after the welfare of his family.
Heard Mr.Vallepu Bala Krishna, learned counsel for the petitioner and Ms.P.Akhila Naidu, learned Assistant Public Prosecutor.
Perused the material available on record.
As seen from the record, basing on the mediators report, a case in Cr.No.137 of 2026 is registered of the offences stated supra and after completion of investigation, the investigating officer laid charge sheet of the said offences and the same is pending on the file of the I Additional District and Sessions Judge at Rajamahendravaram.
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.
Record further reveals that on 16.06.2025, petitioner/accused No.2 was arrested and since 490 days, he has been languishing in judicial custody and the quantity involved in this case is 110.640 Kgs of ganja and as rightly argued by the learned counsel for the petitioner, he has not involved in any other similar types of offences. This is not a stage to consider the contentions of the learned counsel for the petitioner that the false allegations are levelled against the petitioner for statistical purposes, however, considering the submissions of the learned counsel for the petitioner with regard to his family and duration of remand and also stage of the case, this Court is of the considered view that the petitioner/accused No.2 may be enlarged on bail, to meet ends of justice and such a course subserves the ends of justice.
In the result, the Criminal Petition is allowed, and the petitioner/accused No.2 shall be enlarged on bail on a condition to execute self bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties for a like sum each to the satisfaction of learned I Additional District and Sessions Judge at Rajamahendravaram, and the petitioner shall abide the conditions contemplated under Section 480 of BNSS.
As a sequel, Miscellaneous petitions, if any pending, shall stand closed.