(1) NDPS Act, 1985 — Section 20(b)(ii)(B) read with Section 8(c) — Possession of intermediate quantity of ganja — Bail — Considerations.
Where the accused, a woman, was found in possession of 4.038 kilograms of ganja (intermediate quantity) and had no prior criminal record, and the investigation was substantially completed, continued detention was held to be unnecessary. Bail can be granted subject to stringent conditions, as the embargo under Section 37 NDPS Act applies only to commercial quantity.
(Paras 3–5)
(2) Code of Criminal Procedure, 1973 — Sections 437 and 439 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 480 and 483 — Grant of bail — Discretion of Court.
Discretion under Sections 437 and 439 Cr.P.C. (and corresponding provisions of BNSS, 2023) should be exercised in favour of the accused when the investigation is almost complete, the accused has a fixed place of residence, and there is no likelihood of absconding or tampering with evidence.
(Paras 3–4)
(3) Criminal Procedure — Bail to Women Accused — Judicial Approach.
Special consideration to be given to women accused under the proviso to Section 437(1) Cr.P.C. Courts should adopt a liberal approach in granting bail to female offenders, particularly when they are first-time offenders and the alleged quantity is not commercial.
(Para 3)
(4) Bail — Conditions — Stringent safeguards imposed.
Bail granted subject to conditions: execution of personal bond and sureties, weekly appearance before SHO, restriction on leaving the State, prohibition on influencing witnesses, and cooperation with investigation.
(Para 5)
Held:
A woman accused of possessing an intermediate quantity of narcotic substance, with no criminal antecedents and a fixed abode, is entitled to bail when investigation is substantially completed, subject to appropriate conditions ensuring her presence and cooperation.Asma Bibi vs The State Of Andhra Pradesh on 23 October, 2025
APHC010543612025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
THURSDAY, THE TWENTY THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 10577/2025
Between:
1. ASMA BIBI, W/O. MD. HUSSAIN, AGED ABOUT 32 YEARS, RJO.
D.NO.J-281/5A, VIJAY COLONY, USMANPUR, STREET NO.6,
SHASTRI PARK, EAST DELHI, DELHI.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,
High Court of Andhra Pradesh.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. GOLLAPALLI MAHESWARA RAO
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
2
Dr.YLR, J
Crl.P.No.10577 of 2025
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C.') and Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the Petitioner/Accused on bail in Crime No.205 of 2025 of IV Town Police Station, Visakhapatnam Commissionerate, Visakhapatnam District, was registered against the Petitioner/Accused herein for the offences punishable under Section 20(b)(ii)(B), read with 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. The petitioner is a lady aged about 32 years and permanent resident of Delhi and she has got fixed abode. She was found in possession of 4.038 Kilograms of Ganja and was arrested on 21.09.2025. She has been in judicial custody for the past 32 days. There was no criminal antecedents against the petitioner. So far, four witnesses were examined, they are the official witnessess. The petitioner may not be in a position to threaten the official witnesses or tamper the official witnessess. The material portion of the investigation to the alleged role of the petitioner is substantially completed.
Dr.YLR, J
4. Considering 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.
5. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioner/Accused shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the 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, Visakhapatnam District. ii. The Petitioner/Accused shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 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 future. v. The Petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person Dr.YLR, J acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
vi. The petitioner/Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required.
_________________________ DR. Y. LAKSHMANA RAO, J Date: 23.10.2025 MSI Dr.YLR, J THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10577/2025 Date: 23.10.2025 MSI
