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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.7 on bail in Crime No.109 of 2026 of Pathapatnam Police Station, Srikakulam District, registered for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, ‘the NDPS Act’).
Mr.Balabhadruni Manohar, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. He is law-abiding citizen. He is the sole breadwinner of the family. 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.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed 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 that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged 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 the spot while he was in possession and transportation of 7.150 Kgs. of ganja consciously and illegally. The seized contraband is not of commercial quantity. Accused Nos. 1 to 6 were already enlarged on bail by the learned I Additional District Judge, Srikakulam. There are no similar adverse antecedents reported against the petitioner. So far, four witnesses are examined. They are material witnesses. The petitioner is a permanent resident of Srikakulam District. He has got fixed abode. Therefore, the scope of petitioner threatening the witnesses, tampering with the evidence, and hampering the investigation would not arise.
Having regard to the facts and circumstances of the case, gravity of nature of allegations levelled against the petitioner, this Court is inclined to enlarge the petitioner/Accused No.7 on bail with certain conditions.
In the result, the Criminal Petition is allowed with the following conditions:
The Petitioner/Accused No.7 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Pathapatnam, Srikakulam District.
The Petitioner/Accused No.7 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 No.7 shall not commit or indulge in commission of any offence in future.
The Petitioner/Accused No.7 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.
The petitioner/Accused No.7 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.
The Petitioner/Accused No.7 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.
The Petitioner/Accused No.7 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.