Dr Y. Lakshmana Rao, J
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.1 & 3 on bail in Crime No.231 of 2025 of Gokavaram Police Station, East Godavari District, registered against the Petitioners/Accused Nos.1 and 3 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.
3. The petitioners/accused Nos.1 and 3 were indulged in possession of 11 kgs of ganja. It is not a commercial quantity. The petitioners were arrested on 10.10.2025. They have been in judicial custody for the past 27 days. So far six witnesses are examined. They are all official and material witnesses. Therefore, the possibility of the petitioners threatening the official witnesses, tampering with evidence, or hampering the investigation does not arise. The petitioners are permanent residents of Rajahmahendravaram. They have got fixed abode. The learned Assistant Public Prosecutor submits that there are no adverse criminal antecedents reported against the petitioners. If conditions are imposed, there is no likelihood of their absconding or evading the process of law. The petitioners/Accused Nos.1 and 3 are of impressionable ages, 19 years and 20 years respectively.
4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 and 3, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 3 on bail.
5. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioners/Accused Nos.1 and 3 shall be enlarged on bail subject to they executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the learned I Additional Judicial First Class Magistrate, Rajamahendravaram.
ii. The Petitioners/Accused Nos.1 and 3 shall appear before the Station House Officer concerned, on every 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.1 and 3 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.1 and 3 shall not commit or indulge in commission of any offence in future.
v. The Petitioners/Accused Nos.1 and 3 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.1 and 3 shall surrender their passport, if any, to the investigating officer. If they claim that they does not have a passport, they shall submit an affidavits to that effect to the Investigating Officer.
