AMARAVATI, India, Feb. 17 -- Andhra Pradesh High Court issued the following order on Jan. 16:
1. Criminal Petition has been filed under Sections 480 and 483of theBharatiya Nagarik Suraksha Sanhita, 2023 1seeking to enlargethePetitioners/Accused Nos.4 & 5 on bail in Crime No.359 of 2025of Gopalapatnam Police Station, Visakhapatnam Commissionerate, registeredagainst the Petitioners/Accused Nos.4 & 5 herein for the offence punishableunder Section 20(b)(ii)(B) read with 8(c) of the Narcotic DrugsandPsychotropic Substances Act, 1985 2 .
2. Heard the learned counsel for the Petitioners and the learnedAssistant Public Prosecutor. Perused the record.
3. As seen from the record, the allegations against thePetitioners/Accused Nos.4 & 5 are that they were allegedly indulgedindealingwith possession and transportation of 5 Kgs of Ganja along withotheraccused. The Petitioners/Accused Nos.4 & 5 were arrested on 21.12.2025. They have been in the judicial custody for the past 26 days. Theseizedcontraband is not a commercial quantity. The petitioners are at impressionableage of 20 and 19 years respectively. They are permanent residentsof Saunipujariput and Thuba Village of Koraput District, State of Odisha. Theyhave got a fixed abode. There are no adverse similar criminal antecedentsreported against the petitioners. No application was filed for seekingcustodial interrogation of the petitioners. So far seven witnesses were examined, andthey are all material and official witnesses. Chances of the petitionersthreatening the official witnesses, tempering the evidence or hamperingtheinvestigation may not arise.
4. Considering the facts and circumstances of the case, gravity andnatureof the allegations levelled against the Petitioners/Accused Nos.4 and5, thisCourt is inclined to enlarge the Petitioners/Accused Nos.4 and 5 onbail.
5. In the result, the Criminal Petition is allowed with the followingstringent conditions:
i. The Petitioners/Accused Nos.4 and 5 shall beenlarged on bail subject to they executing a bondfor a sum of Rs.10,000/- (Rupees Ten ThousandOnly) each with two sureties for the like sumeachto the satisfaction of the learned II Additional Chief Judicial Magistrate at Visakhapatnam.
ii. The Petitioners/Accused Nos.4 and 5 shall appear before the Station House Officer concerned, onevery 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 5 shall not commit or indulge in commission of any offence infuture.
iv. The Petitioners/Accused Nos.4 and 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 fromdisclosing such facts to the court or to any policeofficer.
v. The Petitioners/Accused Nos.4 and 5 shall surrender their passport, if any, to the investigatingofficer. If they claim that they do not have apassport, they shall submit affidavits to that effect to the Investigating Officer.
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