IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3743 OF 2025 Between: Pedapudi Chinnababu, S/o. Late Apparao, aged about 30 years, R/o. Durga Veedhi, Upper Sileru, Sileru Panchayat, G.K. Veedhi Mandal, Alluri Sitharama Raju District. Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 on bail pending disposal of Crime No.02/2025 of G.K. Veedhi P.S., now Alluri Sitharama Raju District. fit''' The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER: 2 Dr. YLR, J Crl.P.No.3743 of2025 ^ Dated 07.08.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ 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 Gudemkothaveedi Police Station, ASR District, Cr.No.02 of 2025 of registered against the petitioner/Accused No.3 herein for the offences punishable under Section 20 (b) (ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). The case of the prosecution is that on 31.01.2025, on receipt of credible information regarding the illegal possession and transportation of ganja, the Sub-Inspector of Police, G.K. Veedhi Police Station, along with his staff, secured the presence of mediators and proceeded to Mali Veedhi, G.K. Veedhi Village, where they conducted vehicle checking. The police noticed a Maruthi car coming from Sileru towards Chinthapalli, and on seeing the police, two individuals in the car attempted to flee. The Sub- Inspector of Police, along with his staff, apprehended the accused. During the investigation. Accused No.3 disclosed his address particulars, and 2. f Dr. YLR, J Crl.P.No.3743 of2025 Dated 07.08.2025 based on their confessional statements, 58.760 kgs of ganja was seized under the cover of a mediators’ report, and the accused were arrested. 3. Mr. G.Maheswara Rao, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. As seen from the record, the petitioner/Accused No.3 was indulged in transportation and possession of 58.760 kgs of ganja. commercial quantity, the petitioner has been languishing in the jail since 31.01.2025 onwards. Nearly for the past 189 days he has been in the judicial Although it is 4 Dr. YLR, J ^ Crl.P.No.3743 of 2025 Dated 07.08.2025 custody. The investigating officer has not filed charge sheet in this case. Material portion of investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of petitioner influencing or threatening the witnesses or hampering the investigation may not arise. The learned Assistant Public Prosecutor submits that there are no 6. adverse antecedents against the petitioner/Accused No.3 and no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not 7. completed within 180 days, the petitioner/accused No.3 has an indefeasible right to bail, unless the Special Court extends the period up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. 8. Considering the period of detention undergone by the petitioner/Accused No.3 in judicial custody for the past 189 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: 5 0 Dr. YLR, J Crl.P.No.3743 of 2025 Dated 07.08.2025 i. The petitioner/Accused No.3 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Chinthapalli. ii. The petitioner/Accused No.3 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.3 shall not commit or indulge in IV. commission of any offence in future. The petitioner/Accused No.3 shall cooperate with the V. investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.3 shall not, directly or indirectly make any inducement, threat or promise to any person 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. 6 Dr. YLR, J W Crl.P.No.3743 of 2025 Dated 07.08.2025 vii. The petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. Accordingly, the Criminal Petition is allowed. 9. SD/. G.HELANAIDU ASSISTANT l^gSTRAR SECTION OFFICER //TRUE COPY// To, 1. The Judicial Magistrate of First Class, Chinthapalli. 2. The I Additional District & Sessions Judge - Special Judge for Trail of Offences under NDPS Act, Visakhapatnam. 3. The Superintendent, Central Jail, Visakhapatnam. 4. The Station House Officer, Veedhi P.S., now District. 5. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] PUBLIC PROSECUTOR, High Court of Andhra Pradesh Alluri Sitharama Raju 6. Two CCs to Amaravati. [OUT] 7. One spare copy JSS HIGH COURT I t DR.YLR, J DATED:07/08/2025 BAIL ORDER CRLP.No.3743 of 2025 •i : ■ r ALLOWED i