Bail may be granted in NDPS cases where the seized contraband is not of commercial quantity, the accused is of young age, has spent significant time in custody, and poses a low risk of tampering with official witnesses.

ORDER:

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 Petitioner/Accused on bail in Crime No.108 of 2026 of Gopalapatnam Police Station, Visakhapatnam District, registered against the Petitioner/Accused herein for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Sri G.Maheswara Rao, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice.

3. Per contra, Mr.K.Sandeep, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended 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 submissions, it is urged that the petition be dismissed.

4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

5. As seen from the record, the petitioner is the sole accused. He is of an impressionable age of 20 years. It is alleged by the prosecution that the petitioner was found transporting 4.120 kgs of ganja illegally while in conscious possession of the same. The seized contraband is not of commercial quantity. So far, three witnesses have been examined, all of whom are official witnesses. Therefore, the petitioner may not be in a position to threaten the official witnesses or tamper with the evidence. The petitioner was arrested on 09.04.2026 and has been in judicial custody for the past 90 days. There is one IPC case registered against the petitioner. Except for the filing of the charge sheet, the rest of the investigation has been completed. The petitioner is a permanent resident of Visakhapatnam District and he has got fixed abode.

6. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused, this Court is inclined to enlarge the Petitioner/Accused on bail with some stringent conditions.

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

i. The Petitioner/Accused shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned II Additional Metropolitan Magistrate, Visakhapatnam.

ii. The Petitioner/Accused shall appear before the Investigating Officer concerned, twice in a week i.e., on every Wednesday and Sunday in between 10:00 am and 01:00 pm, till filing of the charge sheet.

iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

iv. The Petitioner/Accused shall not commit or indulge in commission of any offence in futur