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.4 and 8 on bail in Cr.No.57 of 2025 of Gajuwaka Police Station, Visakhapatnam Commissionerate, registered against the petitioners/Accused Nos.4 and 8 herein for the offences punishable under Section 20 (b) (ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. The case of the prosecution is that on 11.02.2025, on receipt of credible information regarding the illegal possession and transportation of ganja, the Sub-Inspector of Police, Gajuwaka Police Station, along with his staff, secured the presence of mediators and obtained a search warrant, and reached D.No. 24-9-1/3, behind More Super Market, VUDA Colony, Kanithi Road, Gajuwaka, Visakhapatnam. The police found that the said house is a three-storied building, and upon entering the said building, they found one house on the ground floor. The police knocked on the door of the ground floor house, and soon after, one male person opened the door. The police then found eight male persons inside the house. Upon verification, they found six cardboard boxes in the bedroom. The six cardboard boxes contained 90 packets of ganja. During the interrogation, the Sub-Inspector of Police seized 4 packets from the vehicle KIA Seltos, grey colour, bearing registration No. OD 10 U 7595. The Investigating Officer seized a total of 94 packets of ganja, weighing 184.00 kgs, under the cover of a mediators’ report, and the accused were arrested.

3. Mr.K.Pridhvi Raju, the learned counsel for the petitioners contends that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their continued incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice.

4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed.

5. As seen from the record, the petitioners/Accused Nos.4 and 8 were indulged in possession of 184.00 kgs of ganja. Although it is commercial quantity, the petitioners have been languishing in the jail since 11.02.2025 onwards. Nearly for the past 180 days they have been in the judicial custody. The investigating officer has not filed charge sheet in this case. Material portion of investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of petitioners influencing or threatening the witnesses or hampering the investigation may not arise.

6. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioners/Accused Nos.4 and 8 and no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period.

7. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioners/Accused Nos.4 and 8 have 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.

8. Considering the period of detention undergone by the petitioners/Accused Nos.4 and 8 in judicial custody for the past 180 days, the nature and gravity of allegation levelled against the petitioners, and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions:

                  i. The petitioners/Accused Nos.4 and 8 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), each with two sureties each for the like sum each to the satisfaction of the learned III Additional Chief Judicial Magistrate at Gajuwaka, Visakhapatnam.

                  ii. The petitioners/Accused Nos.4 and 8 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.

                  iii. The petitioners/Accused Nos.4 and 8 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

                  iv. The petitioners/Accused Nos.4 and 8 shall not commit or indulge in commission of any offence in future.

                  v. The petitioners/Accused Nos.4 and 8 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.4 and 8 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 or to any police officer.

                  vii. The petitioners/Accused Nos.4 and 8 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer.

9. Accordingly, the Criminal Petition is allowed.