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 and 2 on bail in Crime No.362 of 2025 of Visakhapatnam Railway Police Station, Visakhapatnam District, registered against the Petitioners/Accused Nos.1 and 2 herein for the offences punishable under Sections 8 (c) read with 20(b)(ii)(B) 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 allegation against the petitioners/Accused Nos.1 and 2 is that they were arrested on the spot while they were in possession and transportation of 10.00 kgs of ganja. The seized contraband is not a commercial quantity. So far, seven witnesses have been examined. They are all material and official witnesses. The chances of the petitioners threatening the witnesses and tampering with the evidence or hampering the investigation may not arise. A substantial portion of the investigation with regard to the alleged role played by the petitioners is completed. The petitioners were arrested on 08.10.2025. They have been in judicial custody for the past 92 days.

4. The petitioners/Accused Nos.1 and 2 are permanent residents of Ponmanakizhakkethil Village, Pathanamthitta District, Kerala State. They have got fixed abode. No application for custodial interrogation of the petitioners has been filed. The period of custodial interrogation is also completed. If they are enlarged on bail, they may not evade the process of law. If certain stringent conditions are imposed for enlarging them on bail, no prejudice would be caused to the investigation. The learned Assistant Public Prosecutor submits that there are two similar criminal adverse antecedents reported against the petitioner/Accused No.1 and one adverse antecedent reported against the petitioner/Accused No.2.

5. Be that as it may, the Petitioners/Accused Nos.1 and 2 are presumed to be innocent until the guilt is proved. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh ((2020) 11 SCC 648) , at para No.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail.

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

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

                  i. The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to their 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 VI Additional Judicial Magistrate of First Class Magistrate for Railways-Cum-VI Additional Civil Judge Court, Visakhapatnam.

                  ii. The Petitioners/Accused Nos.1 and 2 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.1 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

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

                  v. The Petitioners/Accused Nos.1 and 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 and 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.