SAVALA VISHAL KANTH Vs. STATE OF A.P.

JUDGEMENT

(1.) The Criminal Petition has been filed under Ss. 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity "the BNSS"), seeking to enlarge the Petitioner/Accused No.8 on bail in Crime No.129 of 2023 of Narsipatnam Rural Police Station, Anakapalli District, registered against the Petitioner/Accused No.8 herein for the offences punishable under Ss. 20(b)(ii)(C), 25 read with Sec. 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "the NDPS Act").

(2.) Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

(3.) This is the second bail application filed by the petitioner/accused No.8. This Court in Crl.P.No.10186 of 2025 on 10/10/2025 dismissed the first bail application of the petitioner/accused No.8 on the ground that the investigation was at progressive stage. The petitioner/accused No.8 was not spot arrested. His role came to light based on the confessions of accused Nos.1 to 6, who were spot arrested while in possession and transportation of 138 kgs of ganja. The seized contraband is commercial quantity. The accused Nos.1 to 6 were already enlarged on bail. The accused No.7 was also enlarged on bail vide Crl.P.No.8617 of 2025, dtd. 13/10/2025. After thorough investigation, charge sheet has been filed. On perusal of the charge sheet, except co-accused confessions, no independent valid material was secured by the investigation officer to establish the complicity of the petitioner/accused No.8 in this case. The petitioner is permanent resident of Telangana State. He has got fixed abode. There are no similar criminal adverse antecedents against the petitioner. The petitioner was arrested on 28/6/2025. He has been in judicial custody for the past 160 days. Since charge sheet has been filed after thorough investigation, there is no question of threatening the investigation and threatening the witnesses. It would take considerable time for the learned trial Court to take up the matter for disposal. Until such time, keeping the petitioner in custody for an indefinite period would serve no useful purpose. If certain conditions are imposed on the petitioner/Accused No.8 while enlarging him on bail, the ends of justice would be met.