THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3522 of 2025 1 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Criminal Petition No. 3522 of 2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (for brevity ‘the B.N.S.S’) seeking for releasing the petitioners/accused Nos.2, 4 and 5 on bail in Crime No.113 of 2024 registered for the offence punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the N.D.P.S Act.,’). 2. The case of the prosecution is that, on 04.10.2024, the Sub-Inspector of Police, K.D.Peta Police Station, received information about the illegal possession and transportation of ganja; he secured mediators, rushed to A.L.Puram Village, Alluri Park, Golugonda Mandal, Anakapalli District, and conducted vehicle checking. The Police caught hold the accused Nos.2 to 5 while transporting ganja from Chinthapalli Village to tuni highway. Accused No.1 escaped and police arrested accused Nos.2 to 5 and seized 181 kgs of ganja under the cover of mediators report. THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3522 of 2025 2 3. Learned counsel for the petitioners submits that the petitioners/accused Nos.2, 4 and 5 have been in judicial custody since 04.10.2024. The statutory period contemplated under ‘the N.D.P.S. Act.,’ is completed; petitioners are sole bread winners of the family; this Court has already enlarged the accused No.1 on bail in this crime on 28.04.2025; the petitioners would abide by any conditions to be imposed by this Court and urged to enlarge them on bail. 4. Ms.P.Akhila Naidu, learned Assistant Public Prosecutor submits that the investigation is not yet completed; the petitioners have been in the jail for the past 200 days and urged to dispose of the Criminal Petition by imposing stringent conditions on the petitioners. 5. In this case, as seen from the record, the petitioners have been found in possession of 181 kgs of Ganja and they were transporting the same. The petitioners were arrested on 04.10.2024 and they have been in the judicial custody for the past 200 days. Section 36(4) of ‘the N.D.P.S. Act.,’ says that if the petitioners have completed 180 days and the investigation is not THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3522 of 2025 3 completed within the period, the petitioners may be enlarged on bail when there are no objections from the prosecution side. 6. In view of the above reasons, I am inclined to enlarge the petitioners on bail with the following conditions: i) The petitioners shall be enlarged on bail subject to executing a bond for a sum of Rs.20,000/- (Rupees Twenty Five Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for Trial of Offences under ‘the N.D.P.S. Act’, Visakhapatnam. ii) The petitioners shall appear before the Station House Officer, K.D.Peta Police Station, Anakapalli District, on every Saturday in between 10:00 am and 05:00 pm till the cognizance is taken by the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for Trial of Offences under ‘the N.D.P.S. Act’, Visakhapatnam. THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3522 of 2025 4 iii) The petitioners shall not leave the head quarters of the district without express permission of the Station House Officer. iv) The petitioners shall not directly or indirectly influence, threaten or induce the witnesses or interfere in the investigation; the petitioners shall not commit similar offence. v) The petitioners shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.04.2025 M K K