Sk Salman & Ors vs State Of Andhra Pradesh

Dr Y. Lakshmana Rao, J

The Criminal Petition has been filed under Sections 437 & 439 of Cr.P.C and Sections 480 & 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.84 of 2025 of Rolugunta Police Station, Anakapalli District, registered for the alleged offence punishable under Section 20(b)(ii)(B) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act') on the allegation of Petitioners/Accused Nos.1 to 3 was allegedly indulged in dealing with 2 Kgs of Ganja.

Heard the learned Counsel for the Petitioners/Accused Nos.1 to 3 and the learned Assistant Public Prosecutor. Perused the record.

The Petitioners/Accused Nos.1 to 3 were spot arrested for allegedly found in possession of 2 kgs of Ganja. It is not a commercial quantity. The Petitioners are aged between 20 to 23 years respectively. So far four witnesses are examined. The learned counsel for the petitioners submits that the investigation may not arise and there are no adverse antecedents reported against the petitioners.

Considering the facts and circumstances of the case, the nature and gravity of the 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 conditions:

i. The Petitioners/Accused Nos.1 to 3 shall be enlarged on bail subject to them executing a 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 Honorable Additional Judicial First Class Magistrate, Narsipatnam.

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 the 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 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 to 3shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit affidavits to that effect to the Investigating Officer.