Nallabilli Ganesh, S/O Late Ramana vs State Represented By Public Prosecutor, A.P.High Court, Amaravathi

Dr Y. Lakshmana Rao, J

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.1on bail in Crime No.622 of 2025 of P.M.Palem Police Station, Visakhapatnam Commissionerate District, registered against the Petitioner/Accused No.1herein for the offences punishable under Sections20(b)(ii)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 petitioner was spot-arrested while he was indulged in possession and transportation of 2 Kgs of Ganja. It is not a commercial quantity. So far 3 witnesses are 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 25.10.2025 on the spot. He has been in judicial custody for the past 34 days. The petitioner is the permanent resident of Kancharapalem, Visakhapatnam City. 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 petition was filed seeking custodial interrogation of the petitioner. The learned Assistant Public Prosecutor submits that there is one adverse antecedent of a similar nature under the provisions of ‘the NDPS Act’ registered vide Cr.No.69 of 2024 of Kesara Police Station, Rangareddy District against the petitioner. Be that as it may, the Petitioner/Accused No.1 is presumed to be innocent until the guilt is proved.The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh (2020) 11 SCC 648, at paraNo.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail.

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.1on bail.

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 them 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 XVI Additional Metropolitan Magistrate, Bheemunipatnam.

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.1shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

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

v. The Petitioner/Accused No.1shall 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.1shall 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.