KORRA NAGESWARA RAO v. THE STATE OF ANDHRA PRADESH
CRLP/3507/2025 · 2025-04-29
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13589 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13589 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3507 of 2025 1
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
Criminal Petition No.3507 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.3 to 5 on bail in Crime No.52 of 2024 registered for the offence punishable under Sections 111(2)(b) of B.N.S., 20(b)(ii)(C) read with 25, 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 28.10.2024, the Sub-Inspector of Police, Pedabayalu Police Station, received information about the illegal possession and transportation of ganja; he secured mediators, rushed to Kothaputtu junction road and conducted vehicle checking. The Police noticed one car was coming from Kujabangi side towards Kothaputtu junction, and three persons were sitting in the car. On seeing the police, the driver tried to turn back the car and three persons tried to skulk away. The Sub-Inspector of Police with the help of his staff apprehended the accused. In the course of investigation, the
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3507 of 2025 2
petitioners/accused disclosed their identity particulars and 130 Kgs of Ganja was seized under the cover of mediators report.
3.
Learned counsel for the petitioners submit that the petitioners/accused Nos.3 to 5 have been in judicial custody since
28.10.2024. The statutory period contemplated under ‘the N.D.P.S. Act.,’ is completed; petitioners are sole bread winners of the family; 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 180 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 130 kgs of Ganja and they were transporting the same. The petitioners were arrested on
28.10.2025. They have been in the judicial custody for the past 180 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.3507 of 2025 3
completed within the period, the petitioners may be enlarged on bail when there are no objections from the prosecution side. 6. For the above reasons, I am inclined to enlarge the petitioners on bail with the following conditions: i) The petitioners shall be enlarged on bail on 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 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, Pedabayalu Police Station, Alluri Sitharama Raju District, on every Saturday in between 10:00 am and 05:00 pm till the cognizance is taken by the learned I Additional District and Sessions Judge - Special Judge for Trial of Offences under ‘the N.D.P.S. Act.,’ Visakhapatnam. iii) The petitioners shall not leave the head quarters of the district without express permission of the Station House Officer, Pedabayalu Police Station. THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3507 of 2025 4
iv) The petitioners shall not directly or indirectly influence, threaten or induce the witnesses or interfere with the investigation.
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 Note: Issue C.C. Today B/o M K K