In NDPS Act cases involving commercial quantities, bail is strictly governed by Section 37, requiring substantial grounds to believe the accused is not guilty, and legal extensions of the remand period by the Special Court override the completion of the standard statutory period.

Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the Petitioners by granting bail to the petitioners/Accused Nos.1,8 and 9 in Cr. No.16 of 2025 of A. Annavaram Police Station, of Alluri Sitharamaraju Dist, Pending on the file of the Hon’ble I Addl. District & Sessions Judge-Cum-Special Judge for the trial of Cases under NDPS Act, Visakhapatnam Dist, on any terms and conditions and to pass such other orders as are Just, Consistent and Expedient in the Circumstances of the Case.

ORDER:

1. This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/Accused Nos.1 8 and 9, seeking regular bail, in Cr. No.16 of 2025 of A.Annavaram Police Station, of Alluri Sitharamaraju District, registered for the offence punishable under Sections 20(b)(ii)(C), 25 r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Heard Mr.Rayaprolu Srikanth, learned counsel for the petitioners and Mrs.K.Priyanka Lakhmi, learned Assistant Public Prosecutor representing on behalf of the State.

3. As per the case of the prosecution, on 18.10.2025, the petitioners were caught redhanded while they were transporting 97.910 Kgs of ganja. The further case of the prosecution is that A1 and A2 were carrying ganja by two vehicles and A3 and A4 were driving those vehicles.

4. Learned counsel for the petitioners would submit that the petitioners herein are the accused Nos.1 8 and 9. They have been in judicial custody since 18.10.2025. He would further submit that statutory period is also completed. The petitioners have been falsely implicated in the present case. The petitioners undertake to abide by any conditions that may be imposed by this Court and is ready to furnish adequate sureties to the satisfaction of this Court. He finally prays to allow the petition.

5. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the contraband involved in this matter is a commercial quantity of 97.910 Kgs of Ganja. Though, the statutory period is completed in this matter, the Investigating Agency has filed an application seeking extension of time to complete investigation and the same was allowed, extending the remand to 230 days. Learned Assistant Public Prosecutor finally prays for dismissal of the petition.

6. Considering the submissions and a fair look on the material placed before this Court, it is a case where commercial quantity of Ganja is involved, the investigating agency filed an application seeking extension of time to complete the investigation, which is allowed by the Special Court extending the remand period to 230 days, at this juncture, this Court is not inclined to release the petitioners on bail.

7. The Hon’ble Apex Court in State of Kerala v. Rajesh¹(2020) 12 SCC 122, 2026:APHC:18231 at Paragraph Nos.8, 19, 20 and 21 held as under:

8. To curb the spread of dangerous drugs, Parliament has mandated that an accused under the NDPS Act cannot be granted bail unless there are reasonable grounds to believe he is not guilty and will not commit offences while on bail. The High Court failed to justify ignoring these mandatory conditions when releasing the accused. Instead of considering the grave socio-economic and health consequences of illegal drug trafficking, the court ought to h