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 Petitioners/Accused Nos.2 to 5 on bail in Crime No.246 of 2025 of I Town Police Station, Vizianagaram District, registered against the Petitioners/Accused Nos.2 to 5 herein for the offences punishable under Sections 20 (b) (ii) (c), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act') read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity 'the BNS').
2. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.
3. Admittedly, there are no adverse similar/ criminal antecedents reported against the Petitioners/ Accused Nos. 2 to 5, who have been allegedly found in possession and transportation of 46 Kgs of Ganja. Even though the seized contra band is a commercial quantity, the petitioners have been in judicial custody beyond 183 days. The Petitioner Nos. 1 to 3 are at an impressional age of 22, 24 and 21 years respectively. The petitioners are the permanent residents of Hukumpeta Mandal, ASR District. They have got fixed abode. So far, eight witnesses were examined. They are all material and official witnesses. The chances of petitioners threatening the witness and tampering with the evidence or hampering the investigation may not arise. Substantial portion of the investigation with regard to the alleged role played by the petitioners was completed. If the petitioners are enlarged on bail with certain stringent conditions, they may not evade from the clutches of law.
4. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioners/Accused Nos.2 to 5 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 petitioners upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period.
5. Section 36A(4) of 'the NDPS Act' states that if the investigation is not completed within 180 days, the petitioners/Accused Nos.2 to 5 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.
6. Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the Petitioners/Accused Nos.2 to 5, this Court is inclined to enlarge the Petitioners/Accused Nos.2 to 5 on bail.
7. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioners/Accused Nos.2 to 5 shall be enlarged on bail subject to their executing a 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 Additional Judicial Magistrate of First Class, Vizianagaram.
ii. The Petitioners/Accused Nos.2 to 5 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 Petitioners/Accused Nos.2 to 5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
iv. The Petitioners/Accused Nos.2 to 5 shall not commit or indulge in commission of any offence in future.
v. The Petitioners/Accused Nos.2 to 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 from disclosing such facts to the court or to any police officer.
vi. The Petitioners/Accused Nos.2 to 5 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.
Disclaimer: Curated by HT Syndication.
