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.1 on bail in Crime No.101 of 2025 of Prohibition & Excise Station, Nellore-II, SPSR Nellore District, registered against the Petitioner/Accused No.1 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. The learned counsel for the petitioner submits that no petition filed for extension of the remand before the learned Trial Court. The learned Assistant Public Prosecutor submits that there is no information about filing of the petition seeking for extension of the remand.

3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

4. On perusal of the record, the allegation against the petitioner/Accused No.1 is that he was allegedly indulged in dealing with 48.00 Kgs of ganja, which is a commercial quantity. The petitioner was arrested on 05.06.2025. He has been in judicial custody for the past 182 days. No application has been filed before the learned Trial Court seeking extension of the remand of the petitioner beyond 180 days. Though the petitioner was allegedly indulged in dealing with commercial quantity of ganja, he has been in judicial custody beyond 180 days of the statutory period.

5. The petitioner is a permanent resident of Z.A. Colony, Malkanjri, Odisha State. He has got fixed abode. So far, seven witnesses have been examined. They are all official and material witnesses. Substantial portion of the investigation with respect to the alleged role played by the petitioner is completed. Chances of threatening the witnesses and tampering with the evidence or hampering the investigation may not arise. No charge sheet has been filed within the statutory period of 180 days. If certain stringent conditions are imposed for enlarging him on bail, no prejudice would be caused to the investigation.

6. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.1 has an indefeasible right to bail, unless the Special Court extends the period up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions.

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

                  i. The Petitioner/Accused No.1 shall be enlarged on bail subject to he executing bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class for Trial of Prohibition and Excise, Nellore.

                  ii. The Petitioner/Accused No.1 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.

                  iii. The Petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

                  iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future.

                  v. The Petitioner/Accused No.1 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.

                  vi. The Petitioner/Accused No.1 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.