- X IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATU-^ TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE X :PRESENT: tKe honourable dr justice Y. LAKSHMANA RAd CRIMINAL PETITION NO: 3878 OF 2025 i 1 ■u 'O.'i' 3 V 3 'k ¥ / v* ^ /■' y 1 i Between: Allangi Chandra Sekhar @ Chandra, S/o. Buddu, aged about 23 R/o. Sangavalasa Village, Lakshmipuram Panchayat, Makavaram Post, Munchingiput Mandal, Alluri Sitharama Raju District, A.P., Presently residing at opposite Won World School, Lawsons Bay Colony, Pedda Waltair, MVP, Visakhapatnam, Visakhapatnam District, A.P. years. ... Petitioner/Accused No.2 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 is filed, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition the High Court may be pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of Crime No.27/2024 of Gopalapatnam P.S., Visakhapatnam District. j 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 Petitioners, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER APHC010175642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO 4^ CRIMINAL PETITION NO: 3878/2025 Between: Allangi Chandra Sekhar @ Chandra ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Gollapalli Maheswara Rao Counsel for the Respondent/complainant: Public Prosecutor 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.2 on bail in ‘Cr.No.27 of 2024 of Gopalapatnam Police Station, Visakhapatnam Commissionerate, registered against the Petitioner/Accused No.2 herein for the offences punishable under Section 20 (b) (ii)(C) read with 8(c) of the u' 2 Dr.YLR, J Crl.P.No.3878of2025 Dated 05.08.2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 28.01.2024, on receipt of credible information regarding the illegal possession and transportation of ganja, the Sub-Inspector of Police, Gopalapatnam Police Station, along with his staff, secured the presence of mediators, rushed to Check Post, Adavivarm Junction Simhachalam, Visakhapatnam, and conducted vehicles checking. The police noticed one Mahindra Bolero coming from Simhachalam towardsAdavivaram, on seeing the police, the vehicle driver attempted to stop vehicle at some distance. The Sub-Inspector of Police apprehended the Petitioner/Accused No.2 and found in his possession 31 KGs of ganja, seized the contraband under a cover of mediators’ report, and arrested him. Sri 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. 3. © 3 Dr.YLR, J Crl.P.No.3878 of 2025 Dated 05.08.2025 Per contra, Ms. P.Akhila Naidu, tha 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. 4. 5. As seen from the record, the petitioner/Accused No.2 was indulged in transportation and possession of 3 kgs of ganja. Although it is commercial quantity, the petitioner has been languishing in the jail since 28.01.2024 onwards. Nearly for the past 281 days he has been in the judicial custody. 4 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. 6. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.2 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. 4 Dr.YLR, J Crl.P.No.3878 of 2025 Dated 05.08.2025 Section 36A(4) of ‘the Act’ states that if the investigation is not completed within 180 days, the petitioner/accused No.2 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. 7. Considering the pe'riod of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 281 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: 8. i. The petitioner/Accused No.2 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 II Additional Judiciall Magistrate, Visakhapatnam. The pfetitioner/Accused No.2 shall appear before the Station House Officer, Gopalapatnam Police Station, Visakhapatnam Commessionerate, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. 5 Dr.YLR, J ' Crl.P.No.3878 of 2025 Dated 05.08.2025 iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. The petitioner/Accused No.2 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. IV. V. 4^ The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or VI. 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, vii. The petitioner/Accused No.2 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. 4^ 9. SD/- K. KASIRAO ACHARI ASSISTANT R^^TRAR SECTION OFFICER //TRUE COPY// To, 1. The I Addl. District & Sessions Judge- Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh.[OUT] 5. One spare copy ksr HIGH COURT DR.YLR, J DATED:05/08/2025 BAIL ORDER CRLP.No.3878 of 2025 ALLOWED