Common Order

1. Criminal Petitions have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.3 & 7 on bail in Crime No.10 of 2026 of Krishnadevipeta Police Station, Anakapalli District, registered against the Petitioners/Accused Nos.3 & 7 herein for the offences punishable under Sections 20(b)(ii)(C) , 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Sri Srinivas Jarugu, learned Counsel for the Petitioners submits that the continued incarceration of Accused No.3, who has languished in judicial custody for over 180 days, is wholly unwarranted and violative of the fundamental guarantees under Article 21 of the Constitution of India. It is urged that no overt act, no recovery, no financial nexus, nor any operational role is attributed to the Petitioner/Accused No.3, and the allegation of possession is confined only to 10 kilograms allegedly sought for personal consumption, which does not attract the rigour of “commercial quantity” under Section 20(b)(ii)(C) r/w 8(c) of ‘the NDPS Act.’ The prosecution’s case rests solely upon inadmissible police-created confession statements, bereft of corroboration, with no CDRs, forensic extraction, or independent evidence. The Petitioner/Accused No.3, a young husband and father of two minor children, has already suffered grave prejudice, while co-accused similarly situated have been enlarged on bail. The Petitioner/Accused No.3 undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, learned Counsel urges that the present petition be allowed.

3. Learned Counsel for the Petitioners further submits that the implication of Accused No.7 is a classic case of “guilt by association,” resting solely upon his fraternal relationship with Accused No.3, without any substantive material linking him to the alleged contraband. The Petitioner/Accused No.7, a private employee pursuing distance education, with no antecedents and no recovery from his possession, has been falsely roped in merely for being the brother of Accused No.3. The prosecution record discloses no overt act, no financial transaction, no communication, nor any incriminating circumstance against him, except for inadmissible confession statements. His prolonged detention for over 180 days, despite completion of investigation and examination of witnesses, amounts to unconstitutional preventive detention, impermissible in law. The Petitioners undertakes to abide by all conditions imposed by this Court, and in view of the absence of prima facie guilt it is urged that the present Criminal Petitions be allowed.

4. Per contra, Mr.A.Sai Rohith, learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submits that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they 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.

5. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

6. On perusal of the record, it is found that Petitioner/Accused No.3 was found in possession and transportation of 50 Kgs of Ganja illegally. The allegation against Petitioners/Accused Nos.3 & 7 is that Accused No.3 is a consumer and also purchaser of 10 Kgs of Ganja. Petitioners were arrested on 05.02.2026, they have been in the judicial custody for the past 180 days.

7. An application for extension of the remand of the Petitioners were filed before the learned I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, but that application was dismissed by order dated 23.07.2026 in Crl.M.P.No.609/2026.

8. In this context, it is apposite to refer to the judgment of the Hon’ble Apex Court in Rakesh Kumar Paul v. State of Assam ((2017) 15 SCC 67), at para No.84.3, it was held that if the offence is punishable with a maximum sentence of up to ten years’ imprisonment, the accused is entitled to default bail after 60 days, in the event the charge sheet is not filed within that period. In the present case, since the statutory period of 180 days for filing the charge sheet has expired, the Petitioners are entitled to seek default bail.

9. Against Accused No.3 there are two similar antecedents, and there is no information about Accused No.7. The material portion of the investigation has been completed. Petitioner/Accused No.3 is the permanent resident of Santhapydipala Village, Routhalapudi Mandal, East Godavari District and Petitioner/Accused No.7 is a permanent resident of Kalavalapalli Village, Chagallu Mandal, West Godavari District. They have got fixed abode. If the Petitioners are enlarged on bail subject to stringent conditions, there is no likelihood of their threatening the witnesses or hampering the investigation.

10. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.3 & 7, this Court is inclined to enlarge the Petitioners/Accused Nos.3 & 7 on bail with some stringent conditions.

11. In the result, the Criminal Petitions are allowed with the following stringent conditions:

                  i. The Petitioner/Accused No.3 shall be enlarged on bail subject to them executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Magistrate, Narsipatnam.

                  ii. The Petitioner/Accused No.7 shall be enlarged on bail subject to them executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Magistrate, Narsipatnam.

                  iii. The Petitioners/Accused Nos.3 & 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.

                  iv. The Petitioners/Accused Nos.3 & 7 shall not commit or indulge in commission of any offence in future.

                  v. The Petitioners/Accused Nos.3 & 7 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required.

                  vi. The Petitioners/Accused Nos.3 & 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.

                  vii. The Petitioners/Accused Nos.3 & 7 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer.