Ashok Kumar Vs Union of India

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 No.3 on bail in F.No.DRI/HZU/VJRU/48/ENQ-13(INT-13)/2025 DRI, Vijayawada, registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 8(c), 20(b)(ii)(C),20 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

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Sri Chandra Sekhar Ilapakurti, learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and has been falsely implicated in the case. He has not committed any offence. He is a law-abiding citizen and has a fixed abode. The petitioner undertakes to abide by any conditions that this Court may impose while granting bail. Therefore, he prays that the present Criminal Petition be allowed.

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Per contra , Ms.Shanthi Chandra, the learned Senior Standing Counsel for DRI and DGGI, vehemently opposed the grant of bail to the petitioner and submitted that, though the charge sheet has already been filed, the accusations against the petitioner are well founded. Hence, she prayed that the Criminal Petition be dismissed.

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Dr.YLR,J Crl.P.No.5042 of 2026 Dated 17.07.2026

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Heard the learned counsel for the petitioner and the learned Senior Standing Counsel for DRI and DGGI. Perused the record.

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As seen from the record, this is the second bail application filed by the petitioner/Accused No.3. On the earlier occasion, a learned Single Judge of this Court, by order dated 10.02.2026 passed in Crl.P.No.13545 of 2025, dismissed the first bail application filed by the petitioner. The petitioner was arrested on 01.10.2025 and has been in judicial custody for the past 289 days. Within the statutory period of 180 days, the charge sheet was filed on 26.03.2026. However, the learned Senior Standing Counsel submits that the charge sheet was returned by the learned Trial Court raising several objections. The Investigating Officer is required to comply with the said objections and re-submit the charge sheet. It is further submitted that the accusations against the petitioner are well founded.

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Having regard to the entire facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.3, and in view of the fact that there is no change in the circumstances from the date of dismissal of the first bail application till the filing of the present (second) bail application, this Court is not inclined to enlarge the petitioner/Accused No.3 on bail at this juncture. Hence, this Court finds no merit in the Criminal Petition. Accordingly, the Criminal Petition is liable to be dismissed.

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