Prasanta Mandal & Ors vs State Of Andhra Pradesh

Dr Justice 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 Petitioners/Accused Nos.1 to 3 on bail in Crime No.133 of 2025 of Prohibition & Excise, Nellore-II Police Station, S.P.S.R Nellore District, registered against the Petitioners/Accused Nos.1 to 3 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 allegations against the Petitioners/Accused Nos. 1 to 3 are that they were spot arrested as they were found in possession and transportation of 6 Kgs of Ganja by each accused. In total, there are 18 Kgs of Ganja. The Petitioners were arrested on 14.10.2025. They have been in judicial custody for the past 31 days. The Petitioners are permanent residents of Murshidabad District, West Bengal State. They have got fixed abode.

The learned Assistant Public Prosecutor submits that there is no information about any previous adverse antecedents reported against the Petitioners. So far, six witnesses were examined; they all are material and official witnesses. No application was filed seeking custodial interrogation of the Petitioners. A substantial portion of the investigation into the alleged role of the petitioners has been completed by the petitioners concerned.

Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 to 3, this Court is inclined to enlarge the Petitioners/ Accused Nos.1 to 3 on bail.

In the result, the Criminal Petition is allowed with the following stringent conditions:

i. The Petitioners/Accused Nos.1 to 3 shall be enlarged on bail subject to them executing bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class, Trial of Prohibition and Excise Offences, Nellore.

ii. The Petitioners/Accused Nos.1 to 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 Trial Court.

iii. The Petitioners/Accused Nos.1 to 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 to 3 shall not commit or indulge in commission of any offence in future.

v. The Petitioners/Accused Nos.1 to 3 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.

vi. The Petitioners/Accused Nos.1 to 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.