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.3 on bail in Crime No.28 of 2026 of Gangavaram Police Station, Polavaram District, registered against the Petitioner/Accused No.3 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. Mr. G. Venkata Reddy, learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence. He has been falsely implicated in this case. He has not committed any offence. He is law-abiding citizen. He has got fixed abode. The Petitioner undertakes to abide by any conditions that this Court may impose while granting bail. Hence, it is urged to allow the Criminal Petition.
3. Per contra, Mr.A. Sai Rohit, learned Assistant Public Prosecutor, opposed the grant of bail to the Petitioner and submits that the investigation is not yet completed, and some more material witnesses are yet to be examined. It is also submitted that the Petitioner indulged in the possession and transportation of a commercial quantity of Ganja. Hence, it is urged to dismiss the Criminal Petition.
4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
5. On perusal of the record, the Petitioner/Accused No.3 was arrested on 17.04.2026 and has been in judicial custody for the past 124 days. It is alleged by the prosecution that the Petitioner was involved in the illegal dealing of 120 Kgs. of ganja. The seized contraband is not only of commercial quantity but also of colossal quantity. So far, ten witnesses have been examined and a substantial part of the investigation has been completed.
6. Further, statutory period of judicial remand for 180 days is also not completed. In this connection, it is relevant to refer the following decisions of the Hon’ble Apex Court.
7. In Union of India v. Ram Samujh ((1999) 9 SCC 429), the Hon’ble Supreme Court at Paragraph No.7 observed that narcotic offences have a grave and far-reaching impact on society, destroying numerous lives. The Court further held that drug traffickers pose a continuing threat to society and, therefore, the statutory restrictions must be strictly enforced.
8. In Durand Didier v. State (UT of Goa) ((1990) 1 SCC 95), the Hon’ble Apex Court at Paragraph No.24, observed that illicit trafficking of narcotic drugs has become a serious social menace, particularly affecting the youth. The Court further noted that, in view of its devastating impact on society, Parliament enacted stringent provisions under ‘the NDPS Act’ to effectively combat the menace.
9. The Hon’ble Apex Court in State of Kerala v. Rajesh ((2020) 12 SCC 122), at Paragraph Nos.8, 19, 20 and 21, held that bail under ‘the NDPS Act’ can be granted only upon strict compliance with the mandatory conditions prescribed under Section 37. The Court further observed that ‘reasonable grounds’ require substantial material showing that the accused is not guilty, and recording such a finding is a sine qua non for grant of bail.
10. Considering the entire facts and circumstances of the case and in view of the law laid down by the Hon’ble Apex Court in Ram Samujh, Durand Didier and Rajesh, the request of the Petitioner is not found convincing and reasonable, therefore, cannot be considered at this juncture inasmuch as the investigation is still at crucial stage. This Court is also of the view that there are no reasonable grounds to believe that the Petitioner is not guilty of the alleged offence or that he is unlikely to commit any offence while on bail. Hence, this Criminal Petition is liable to be dismissed.
11. In the result, the Criminal Petition is dismissed.
As a sequel, Miscellaneous petitions, if any pending, shall stand closed.




