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Judgment
Dr Y. Lakshmana Rao, J
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.386 of 2025 of Visakhapatnam Railway Police Station, GRP Vijayawada, Visakhapatnam District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the allegation against the petitioner/Accused No.1 is that he was found in possession and transportation of 11.00 Kgs of ganja, which is not a commercial quantity. He was spot-arrested on 04.11.2025. He has been in judicial custody for the past 24 days. So far, three witnesses have been examined, and they are all material and official witnesses. The scope of the petitioner threatening the official witnesses or tampering with the evidence or hampering the investigation may not arise. The petitioner is a permanent resident of Rakera, Panipat, State of Haryana, and he has got fixed abode. No custodial interrogation was taken by filing an application. The petitioner is at an impressionable age of 21 years. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.1.
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 with some stringent conditions.
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 him executing bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class Magistrate for Railways –
ii. The Petitioner/Accused No.1 shall appear before the Station House Officer, 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 leave the limits of the District without prior permission from the Station House Officer concerned.
iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future.
v. The Petitioner/Accused No.1 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.
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.