(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of Crime No.544/2024 of Gajuwaka P.S., Visakhapatnam District and to pass)

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused No.2, seeking regular bail, in Crime No.544/2024 of Gajuwaka P.S., Visakhapatnam District, registered for the offences punishable under Sections 20(b) r/w 25, 8(C) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. The case of the prosecution in brief, is that, on 04.10.2024, on reliable information about the illegal possession and transportation of ganja, the police while conducting vehicle checking, found a car with 950 grams of Hash Oil, while the accused escaped from the scene of offence and the contraband was seized under the cover of the mediators’ report. During the course of investigation, the accused were arrested.

3. Heard Sri G.Maheswara Rao, learned counsel representing Ms. Kolli Usha Kiranmayee, learned counsel learned counsel for the petitioner/accused No.2 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State.

4. Learned counsel for the petitioner would submit that the petitioner herein is arrayed as Accused No.2, who has been falsely implicated in this crime and that he is in no way connected with the commission of the offence. The Petitioner has been in judicial custody since 29.01.2026. The contraband involved in the present crime is 950 grams of Hash Oil, which is a non- commercial quantity. No contraband was seized from the possession of the petitioner. It is further submitted that the statutory period is over and no report has been filed before the Trial Court till date. Learned counsel further submits that the petitioner undertakes to strictly adhere to any conditions that may be imposed by this Hon’ble Court.

5. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the investigation is still pending and the contraband involved in the present case is 950 grams of Hash Oil. She would further submit 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 by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period.

6. Considering the submissions and upon keen perusal of the material placed on record and in the light of the facts and circumstances of the case, that the petitioner is in judicial custody since 29.01.2026, the fact that the contraband involved in the present crime is only 950 grams of Hash Oil, that the statutory period is over and no report has been filed before the Court by the prosecution, this Court is inclined to enlarge the petitioner/accused No.2 on bail with the following conditions;

                  i. The petitioner/accused No.2 shall execute a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each, to the satisfaction of the learned III Additional Chief Judicial Magistrate, Gajuwaka.

                  ii. The petitioner/accused No.2 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any.

                  iii. The petitioner/accused No.2 shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness.

                  iv. The petitioner/accused No.2 shall appear before the Station House Officer, concerned, once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m. till filing of charge sheet.

                  v. The petitioner/accused No.2 shall not commit or indulge in commission of any offence in future.

                  vi. The petitioner/accused No.2 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court.

7. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.

8. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime.

9. Accordingly, this Criminal Petition is allowed.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.