Bail may be granted in NDPS cases when the quantity of contraband is non-commercial and the statutory period of judicial custody has expired.

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 Courtpleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.60/2026 of Anandapuram P.S., Visakhapatnam District and to pass

The Court made the following:

ORDER:

This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused No.1, seeking regular bail, in Crime No.60/2026 of Anandapuram Police Station, Visakhapatnam District, registered for the offences punishable under Sections 20(b)(ii)(B) r/w 8(C) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. As per the case of the prosecution, the petitioner was found in possession of 14 Kilograms of Ganja.

3. Heard Sri G.Maheswar Rao, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State.

4. Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this crime and that he is in no way connected with the commission of the offence. The petitioner has been in judicial custody since 05.03.2026. The contraband involved in the present crime is of 14 Kilograms of Ganja, which is a non-commercial quantity. It is further submitted that the statutory period is completed. Learned counsel further submits that the petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court.

5. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the investigation is still pending and the contraband involved in the present case is 14 Kgs of Ganja. Learned Assistant Public Prosecutor would further submit that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed.

6. Considering the submissions and upon keen perusal of the material placed on record and in the light of the facts and circumstances of the case, that the petitioner has been in judicial custody since 05.03.2026, the fact that the contraband involved in the present crime is only 14 Kgs of Ganja, that the statutory period is over, this Court is inclined to enlarge the petitioner/accused No.1 on bail with the following conditions;

i. The petitioner/accused No.1, shall execute personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each, to the satisfaction of the learned I Additional District and Sessions Judge-Special Judge for Trial of offences under NDPS Act, Visakhapatnam.

ii. The petitioner/accused No.1, shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any.

iii. The petitioner/accused No.1, shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness.

iv. The petitioner/accused No.1, shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. till filing of charge sheet.

v. The petitioner/accused No.1, shall not commit or indulge in commission of any offence in future.

vi. The petitioner/accused No.1, shall surrender his passport, if any, to the concerned Court. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerne