AMARAVATI, India, Feb. 17 -- Andhra Pradesh High Court issued the following order on Jan. 16:

1. The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.48 of 2025 of A.Koduru Police Station, Anakapalli District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 20 (b) (ii) (c), 25 r/w 8(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. There are no similar criminal adverse antecedents reported against the Petitioner/Accused No.1. The allegations levelled against the petitioner is that he was found in possession of 56 Kgs of Ganja. He was arrested on 27.06.2025. Though the seized contraband is commercial in quantity, the petitioner has been in judicial custody for the past 202 days. The petition in Crl.M.P.No.1337 of 2025 was filed before the I Additional District and Sessions Judge, Visakhapatnam seeking for further extension of the period of the petitioner in judicial custody. But, that petition was dismissed on 26.12.2025. The petitioner is aged about 65 years.

4. As mentioned supra, there are no similar criminal adverse antecedents reported against the Petitioner/Accused No.1. The petitioner is a permanent resident of Madhurai District, Tamilnadu State. He has got fixed abode. If he is enlarged on bail with some stringent conditions, he may not evade the process of law. So far, four (4) witnesses were examined. No application seeking custodial interrogation has been filed. The period for custodial interrogation is also completed.

5. Section 36A(4) of 'the NDPS Act' states that if the investigation is not completed within 180 days, the Petitioner/Accused No.1 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.

6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions.

7. In the result, the Criminal Petition is allowed with the following stringent conditions:

i. The Petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Chodavaram.

ii. The Petitioner/Accused No.1 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.1 shall not commit or indulge in commission of any offence in future.

iv. The Petitioner/Accused No.1 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.

v. The Petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit affidavits to that effect to the Investigating Officer.

Disclaimer: Curated by HT Syndication.