Dr Y. Lakshmana Rao, J
1. The Criminal Petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.21 of 2025 of KothavalasaPolice Station, Vizianagaram District, registered against the Petitioner/Accused No.1herein for the offences punishable under Sections 20(b)(ii)(B) read with 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. As seen from the record, the petitioner was spot-arrested while he was in possession and transportation of 4 Kgs of Ganja. It is not a commercial quantity. So far 4 witnesses have been examined. They are all official witnesses. Chances of threatening the witnesses, tampering the evidence, or hampering the investigation would not arise. The petitioner was arrested on 30.01.2025 on the spot. He has been in judicial custody for the past 302 days. There are no adverse similar criminal antecedents reported against the petitioner. After thorough investigation, a charge sheet has been filed against the petitioner. The petitioner is a permanent resident of Y.S.R. Kadapa District. He has got fixed abode. If he is enlarged on bail with certain stringent conditions, he may not evade from the process of law. No application has been filed seeking custodial interrogation of the petitioner.
4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail.
5. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioner/Accused No.1shall be enlarged on bail subject to him executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Kothavalasa.
ii. The Petitioner/Accused No.1 shall appear before the learned Trial Court on each and every adjournment without fail.
iii. The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without the prior permission of the learned Trial Court.
iv. The Petitioner/Accused No.1shall not commit or indulge in commission of any offence in future.
vi. 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.
