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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 No.1 on bail in Crime No.54 of 2026 of Steelplant Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.1 for the offence punishable under Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Mr.D.Ramakoteswara Rao, learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offences and has been falsely implicated in the present case. He has not committed any offence. He is the sole earning member of his family. He is a law-abiding citizen. He has got fixed abode. The petitioner undertakes to abide by any conditions that may be imposed by this Court while granting bail. Hence, learned counsel urges that the petition may be allowed.
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 likelihood of his absconding, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, learned Assistant Public Prosecutor 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 is arraigned as Accused No.1. The petitioner was arrested on 09.09.2026 and has been in judicial custody for the past 19 days only. So far, only four witnesses have been examined, and some more material witnesses are yet to be examined. The investigation is at a progressive stage. However, there are no adverse antecedents reported against the petitioner. The petitioner is a permanent resident of Anakapalli District and has a fixed place of abode.
Having regard to the entire facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.1, and in view of the pendency of the investigation, this Court is not inclined to enlarge the petitioner on bail at this stage. Hence, this Court finds no merit in the Criminal Petition, and the same is liable to be dismissed.
In the result, the Criminal Petition is dismissed.
As a sequel, Miscellaneous petitions, if any pending, shall stand closed.