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 Petitioners/Accused Nos.1 & 2 on bail in Crime No.32 of 2026 of Vajrapukothuru Police Station, Srikakulam District, registered against the Petitioners/Accused Nos.1 & 2 herein 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’).

2. Mr. Baggi Venkata Pavan Kumar, learned counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence and they have been falsely implicated by the Police. It is further submitted that the Petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice.

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

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

5. On perusal of the record, the Petitioners were arraigned as Accused Nos. 1 and 2 for allegedly transporting 13.230 kgs of Ganja illegally. No similar adverse antecedents have been reported against the Petitioners. Accused No.4 remains absconding, which is the reason why the charge sheet has not yet been filed. The Petitioners were arrested on 28.04.2026. They have been in judicial custody for the past 65 days. Thus, the Petitioners have remained in custody beyond the statutory period of 60 days.

6. 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 60 days for filing the charge sheet has expired, the Petitioners are entitled to seek default bail.

7. So far, four witnesses have been examined, all of whom are official and material witnesses. The material portion of the investigation has been completed. The Petitioners are permanent residents of Gajapati District, Odisha State. 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.

8. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 & 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 & 2 on bail with some stringent conditions.

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

               i. The Petitioners/Accused Nos.1 & 2 shall be enlarged on bail subject to them executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Palasa.

               ii. The Petitioners/Accused Nos.1 & 2 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 Nos.1 & 2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

               iv. The Petitioners/Accused Nos.1 & 2 shall not commit or indulge in commission of any offence in future.

               v. The Petitioners/Accused Nos.1 & 2 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.1 & 2 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.1 & 2 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.