1. 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.199 of 2025 of Dowlaiswaram Police Station, East Godavari District, registered against the Petitioner/Accused No.1 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’).

2. Ms.Kalla Tulasi Durgamba, 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. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. 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.

3. Per contra, Mr.K.Sandeep, 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.

4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

5. As seen from the record, the petitioner is arrayed as Accused No. 1. It is alleged that the petitioner was transporting 21.00 kgs of ganja consciously and illegally. The petitioner was arrested at the scene of offence on 31.12.2025 and has been in judicial custody for the past 189 days. So far, five witnesses have been examined, all of whom are official witnesses. Therefore, the scope for the petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation may not arise. The petitioner is a permanent resident of Dowlaiswaram, East Godavari District and he has got fixed abode.

6. The learned Assistant Public Prosecutor submits that no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period.

7. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.1 has an indefeasible right to bail, unless the Special Court extends the period up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period.

8. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.1, this Court is inclined to enlarge the petitioner/Accused No.1 on bail subject to some stringent conditions.

9. In the result, the Criminal Petition is allowed with the following stringent conditions:

               i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned III Additional Judicial First Class Magistrate, Rajamahendravaram.

               ii. The Petitioner/Accused No.1 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.

               iii. The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

               iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future.

               v. The Petitioner/Accused No.1 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.

               vi. The Petitioner/Accused No.1 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.

               vii. The petitioner/Accused No.1 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.