1. This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed by the Petitioners herein/Accused Nos.1 and 2, seeking regular bail, in Crime No.9 of 2026 of Pendurthy Police Station, Visakhapatnam, registered for the offences punishable under Section 20(b)(ii)(B) read with 8(C) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. The case of the prosecution in brief, is that, on 07.01.2026 at 12.00 hours near Railway Station, Doggavanipalem, Pendurthy, Visakhapatnam, the police have apprehended two persons while they were in possession and transporting 3.5 Kgs of Ganja which was purchased from A.3 . The police have seized the contraband and their mobile phones under the cover of mediators’ report.

3. Heard Sri Mulla Sohail Shareef, learned counsel for the petitioners/accused Nos.1 and 2 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

4. Learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this crime and that they are in no way connected with the commission of the offence. The Petitioners have been in judicial custody since 07.01.2026. The contraband involved in the present crime is 3.5 Kgs of Ganja, which is a non-commercial quantity. It is further submitted that the statutory period is over and no report has been filed before the Trial Court till date. Learned counsel further submits that the petitioners undertake to strictly adhere to any conditions that may be imposed by this Hon’ble Court.

5. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the investigation is still pending and the contraband involved in the present case is 3.5 Kgs of Ganja. She would further submit that no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioners by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period.

6. Considering the submissions and upon keen perusal of the material placed on record and in the light of the facts and circumstances of the case, that the petitioners have been in judicial custody since 07.01.2026, the fact that the contraband involved in the present crime is only 3.5 Kgs of Ganja, that the statutory period is over and no report has been filed before the Court, this Court is inclined to enlarge the petitioners on bail with the following conditions:

                  i. The petitioners/accused Nos.1 and 2 shall execute personal bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each, to the satisfaction of the learned VII Additional Metropolitan Magistrate, Visakhapatnam.

                  ii. The petitioners/accused Nos.1 and 2 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any.

                  iii. The petitioners/accused Nos.1 and 2 shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness.

                  iv. The petitioners/accused Nos.1 and 2 shall appear before the Station House Officer, concerned, once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m. till filing of charge sheet.

                  v. The petitioners/accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future.

                  vi. The petitioners/accused Nos.1 and 2 shall surrender their passport, if any, to the concerned Court. If they claims that they do not have a passport, they shall submit an affidavit to that effect to the concerned Court.

7. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.

8. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime.

9. Accordingly, this Criminal Petition is allowed.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.