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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 on bail in Crime No.27 of 2022 of Prohibition & Excise Station, Chintapalli Police Station, Visakhapatnam District, registered against the petitioner/Accused herein for the offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, ‘the NDPS Act’).
Mr. Ramineni Sudheer, learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependants. He is a law-abiding citizen. The petitioner 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.
The learned counsel for the petitioner further submits that the petitioner has been in judicial custody beyond the statutory period of 180 days. The petitioner was arrested on 29.07.2025 and has been in judicial custody for the past 406 days.
Per contra, Mr. A. Sai Rohith, learned Assistant Public Prosecutor, vehemently opposes the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that, if the petitioner is released on bail at this stage, there is a strong likelihood of his absconding, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, he urges 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 was arrested on 29.07.2025. Pursuant to the execution of the P.T. Warrant, he has been in judicial custody for more than one year. The charge sheet has not yet been filed even after completion of the statutory period of 180 days from the date of arrest of the petitioner. The petitioner is charged with dealing in 9.00 Kgs. of Hashish Oil, which is a commercial quantity. There is one similar antecedent reported against the petitioner vide Crime No.27 of 2022 of Prohibition & Excise Police Station, Chintapalli. The petitioner is a permanent resident of ASR District and has a fixed abode. If the petitioner is enlarged on bail, subject to stringent conditions, the interests of justice would be sub-served.
Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused and the period of incarceration, this Court is inclined to enlarge the petitioner/Accused on bail, subject to the stringent conditions:
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,00,000/-(Rupees Ten Lakhs only) with two sureties for the like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Visakhapatnam.
The Petitioner/Accused 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 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused 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.