(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 may be pleased to direct release of the Petitioners/A-2 & 6 on Bail pending enquiry and trial in connection with Crime No.403/2021 of Prohibition & Excise, Narsipatnam Police Station)

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioners herein/Accused Nos.2 and 6, seeking regular bail, in Crime No.403 of 2021, on the file of Prohibition & Excise Narsipatnam Police Station, Visakhapatnam District dated 18.08.2021, registered for the offences punishable under Section 8(c) r/w 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. The case of the prosecution, in brief, is that on 18.08.2021 the Enforcement Inspector conducted a route search and they found 220 kgs of ganja in a car.

3. Heard Sri Arrabolu Sai Naveen, learned counsel for the petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

4. The Learned counsel for the Petitioners would submit that the petitioners herein are Accused Nos.2 and 6. The petitioners have not committed any offence and they are innocent. They are the sole breadwinner of their families. It is further submit that most of the investigation might have been completed and therefore the petitioners/accused Nos. 2 and 6 may be enlarged on bail. The accused No.1 was released on bail on 05.12.2024 in Crl.P.No.7438 of 2024 by a Coordinate Bench of this Court. The accused No.5 was released on bail on 09.02.2026 in Crl.P.No.737 of 2026. The accused No.3 was released on bail by this Court vide order dated 12.03.2026 in Crl.P.No.1753 of 2026. The accused No.4 was also released on bail by this Court vide order dated 11.03.2026 in Crl.P.No.1622 of 2026. The petitioner No.1 was arrested on 29.01.2026 and the petitioner No.2 was arrested on 18.02.2026. Since then, they have been in judicial custody. Learned counsel would further submit that the petitioners herein are also on the same footing as of the accused Nos. 1, 3, 4 and 5. Learned counsel would finally prays to enlarge the petitioners on bail.

5. Learned Assistant Public Prosecutor opposed for granting of bail and would submit that the Court may pass appropriate Orders.

6. On perusal of the material on record goes to show that basing on the confessional statement of other accused, the name of the petitioners herein were shown as accused in the present crime. Pursuant to the confessional statement of the co-accused, nothing has been seized from the possession of the petitioners herein. The petitioner No.1 was arrested on 29.01.2026 and the petitioner No.2 was arrested on 18.02.2026 i.e., after five years of the registration of crime. The learned Single Judge of this Court in Crl.P.No.7438 of 2024 on 05.12.2024 enlarged accused No.1 on bail with certain stringent conditions. This Court vide order dated 09.02.2026 in Crl.P.No.737 of 2026 enlarged the accused No.5 on bail with certain conditions. This Court vide orders dated 11.03.2026 and 12.03.2026 in Crl.P.Nos.1622 and 1753 of 2026 enlarged the accused Nos.4 and 3 respectively, on bail with certain conditions. The investigation in respect of petitioners has been completed. The petitioners also stand on the same footing of accused Nos.1, 3, 4 and 5.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the petitioners/Accused Nos.2 and 6, this Court is inclined to enlarge the petitioners/Accused Nos.2 and 6 on bail.

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

                  i. The petitioners/Accused Nos.2 and 6 shall be enlarged on bail on executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam.

                  ii. The petitioners/Accused Nos.2 and 6 shall not commit or indulge in commission of any offence in future.

                  iii. The petitioners/Accused Nos.2 and 6 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.

                  iv. The petitioners/Accused Nos.2 and 6 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.

                  v. The petitioners/Accused Nos.2 and 6 shall surrender their passports, if any, to the concerned Court. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the concerned Court.

                  vi. The petitioners/Accused Nos.2 and 6, shall appear before the concerned Station House Officer, once in a week i.e., on every Saturday between 10:00 am and 05:00 pm, till further orders.

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