Court grants bail considering prolonged custody, absence of witness tampering, and ongoing trial delays.

ORDER :

1. These four Criminal Petitions are heard and disposed of by this common order, as the crime number in the four cases is one and the same.

2. The Criminal Petitions have been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/Sections 480 Dated 01.09.2025 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to enlarge the petitioners/Accused Nos.2, 3, 6 and 7 on bail in Cr.No.46 of 2025 of Jaggampeta Police Station, East Godavari District, registered against the petitioners/Accused Nos.2, 3, 6 and 7 herein for the offences punishable under Section 8 (c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2.1 The case of the prosecution is that on 04.03.2025 at 02.30 P.M., on receipt of credible information regarding illegal possession and transportation of Ganja, the Sub-Inspector of Police, Jaggampeta Police Station, along with his staff and mediators rushed to plot No.1596, Jagananna Colony, Jaggampeta Village, and found eight persons in suspicious circumstances. On seeing the police, the said eight persons tried to escape. Then, the police apprehended them and on enquiry, they disclosed their identity particulars and the police found 492 KGs of Ganja in their possession. The police seized the contraband, arrested the accused and remanded them to judicial custody.

3. Ms.T.Rajeswari, the learned counsel, representing Ms.Kopisetti Parvathi Devi, the learned counsel for the petitioners, contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly Dated 01.09.2025 adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice.

4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed.

5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.

6. As seen from the record, the petitioners/Accused Nos.2, 3, 6 and 7 were allegedly indulged in dealing with 492 kgs of ganja, which is not only a commercial quantity but also a colossal quantity. The petitioners have been languishing in jail since 04.03.2025. Nearly for the past 148 days they have been in judicial custody. After thorough investigation in this case, charge sheet has already been filed. Hence, rigor of Section 36(A)(4) and Section 37 of ‘the NDPS Act’, would not attract. It takes considerable length of time for taking up the case for trial before the learned Trial Court. Keeping the petitioners until such indefinite period in the judicial custody is neither found convincing nor Dated 01.09.2025 reasonable. The petitioner/Accused No.2 is a resident of G.Madugula Mandal, ASR District. The petitioner/Accused No.3 is a resident of Luvvasingi Post Kora Pilli Panchayat, G.Mamidada Mandal, ASR District. The petitioner/Accused