(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtPleased to enlarge him on bail in connection with Crime no. 119 of 2025 of Nakkapalli Police Station)

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 petitioner/Accused No.5 on bail in Crime No.119 of 2025 of Nakkapalli Police Station, Anakapalli District registered against the petitioner/Accused No.5 herein for the offences punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

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

3. The allegation against the petitioner/Accused No.5 is that he had allegedly indulged in possession and transportation of 840.00 Kgs of ganja. The seized contra band is a commercial quantity.

4. The learned counsel for the petitioner would submit that petitioner is permanent resident of Yetigairamamapeta Village, Narsipatnam Mandal, Anakapalli District. The petitioner is aged about 22 years. An application for extension of the Judicial Custody beyond 180 days was filed before the learned I Additional District and Sessions Judge, Special Judge for Trial of Offences under NDPS Act, Vishakapatnam, but the said application was dismissed. The petitioner on earlier occasion has indulged in four similar kind of offences. So far, five witnesses are examined. The material portion of the investigation with regard to the alleged role played by the petitioner/Accused No.5 is completed and prayed to enlarge the petitioner on bail.

5. The learned Assistant Public Prosecutor submits that petitioner is involved in four other similar crimes. The ganja seized in this case is commercial quantity and some more material witnesses have to be examined. Though, the petitioner is in jail from the past 180 days, considering the quantity of ganja involved in this case, prayed to dismiss the bail.

6. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.5 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. As seen from the record, the petitioner was arrested on 09.01.2025.

He has been in judicial custody for the past 180 days. No application was filed seeking for custodial interrogation of the petitioner, but however that application was allowed and petitioner was taken to police custody for five days. In that view of the matter, substantial portion of the investigation is completed with regard to the alleged role played by the petitioner.

8. Considering the period of detention undergone by the petitioner/Accused No.5 in judicial custody for the past 180 days, the nature and gravity of allegations levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner/Accused No.5 on bail with the following stringent conditions:

                  i. The petitioner/Accused No.5 shall be enlarged on bail subject to his executing a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with three sureties for the like sum each to the satisfaction of the learned I Additional Sessions Judge, Visakhapatnam.

                  ii. The petitioner/Accused No.5 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 No.5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

                  iv. The petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future.

                  v. The petitioner/Accused No.5 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.5 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.

9. Accordingly, the Criminal Petition is allowed.