1. The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.1 to 4 on bail in Crime No.160 of 2025 of Dwaraka Police Station, Visakhapatnam District, registered against the petitioners/Accused Nos.1 to 4 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. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.
3. As seen from the record, the allegations against the petitioners/Accused Nos.1 to 4 are that they were found in possession and transportation of 3.5 Kgs of ganja and 750 grams of hash oil. They are not a commercial quantity. The petitioners were spot-arrested. There is one similar adverse antecedent reported against the petitioner/Accused No.1 and one IPC offence registered against the petitioner/Accused No.1. There are no adverse antecedents reported against the petitioners/Accused Nos.2 to 4. The petitioners were arrested on 05.11.2025 and they have been in judicial custody for the past 28 days. So far, seven witnesses have been examined. They are all material and official witnesses. The petitioners/Accused Nos.2 to 4 have got fixed abode.
4. Considering the severity and nature of the allegations levelled against the petitioner/Accused No.1, this Court is not inclined to grant bail at this point of time. Hence, the request for grant of bail to the petitioner/Accused No.1 is dismissed. Therefore, the petition, insofar as it relates to the petitioner/Accused No.1, is dismissed.
5. Considering the gravity and nature of the allegations levelled against the petitioners/Accused Nos.2 to 4, this Court is inclined to enlarge the petitioners/Accused Nos.2 to 4 on bail with the following stringent conditions:
i. The petitioners/Accused Nos.2 to 4 shall be enlarged on bail subject to them executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned I Additional Chief Judicial Magistrate, Visakhapatnam.
ii. The petitioners/Accused Nos.2 to 4 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 petitioners/Accused Nos.2 to 4 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.2 to 4 shall not commit or indulge in commission of any offence in future.
v. The petitioners/Accused Nos.2 to 4 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.2 to 4 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.
6. In the result, the Criminal Petition is partly allowed.




