(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 Court pleased to may be release the Petitioners/Accused No. 1 & 5 in Crime No. 42 of 2026, the file of the Kasimkota Police Station and pass)

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioners herein/Accused Nos.1 and 5, seeking regular bail, in Crime No. 42 of 2026, on the file of the Kasimkota Police Station, registered for the offences punishable under Sections 20(b)(ii)(B) r/w 8(C) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. The case of the prosecution in brief, is that, on 25.01.2026, on receipt of credible information, the police have rushed to RTC Bus stop, Kasimkota Village and Mandal, Anakapalli District and apprehended the accused Nos. 1 and 5, while they were transporting 14 Kgs of Ganja. The police have seized the contraband and other material evidence under the cover of mediators’ report.

3. Heard Sri Dasari Ramakoteswar Rao, learned counsel for the petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing 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 29.01.2026. The contraband involved in the present crime is of 14 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 Court.

5. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the investigation is still pending for apprehending the accused Nos.3 and 4, and the contraband involved in the present case is 14 Kgs of Ganja. She would further submit that two more NDPS cases are pending against the accused No.1. She would further submit that no report was filed before the learned Special Court by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner 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 are in judicial custody since 29.01.2026, the fact that the contraband involved in the present crime is only 14 Kgs of Ganja, that the statutory period is over and no report has been filed before the Special Court by the prosecution, this Court is inclined to enlarge the petitioners/accused Nos.1 and 5 on bail with the following conditions;

                  i. The petitioners/accused Nos.1 and 5, shall execute personal bond 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 II Additional Junior Civil Judge-cum-12th Additional Metropolitan Magistrate, Anakapalli.

                  ii. The petitioners/accused Nos.1 and 5, 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 5, shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness.

                  iv. The petitioners/accused Nos.1 and 5, 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 5, shall not commit or indulge in commission of any offence in future.

                  vi. The petitioners/accused Nos.1 and 5, shall surrender their passports, if any, to the Investigating Officer. If they claim 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.