. fas-_ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: (:---__- THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO r CRIMINAL PETITION NO: 4106 OF 2025 </ Between : 1. Dambaru TanguI, S/o. Krushna Tangul, aged about 44 ye;rs, R/o. Badapada Village, Papperlametta P.S., Chitrakonda Block, Malkangiri District, Odisha State. 2. Mohan Khemudu, S/o. Bhima Khemudu, aged about 44 years, R/o. Badapada Village, Papperlametta P.S., Chitrakonda Block, Malkangiri District, Odisha State. ...Petitioners/Accused No.3, 5 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. I.. Respondent~~~ \ Petition under Section 480 & 483 of BNSS/437 & 439 of Cr.P.C. is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.3, 5 on bail pending disposal of Crime No. 58/2024 of Pedabayalu P.S., now Alluri Sitharama RaJ-u District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the argum.ents of SRI GOLLAPALL! MAHESWARA RAO Advocate for the Petitioners, and of PUBLIC PROSECUTOR for Respondent, and the Court made the following ORDER: E= APHCO10194032025 IN THE HIGH COURT OF ANDHRA PRADESH I AT AMARAVATl (.SpecI-al Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE I PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 41 06/2025 I?521] Between.- Dambaru Tangul and others AND The State of Andhra pradesh Counsel for the petitioner/accused(s): GoII?palli Maheswara Rao ...PETITIONER/ACCUSED(S) 6 I ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complaI-nant: Public Prosecutor The Court made the following.I ORDER.- The Criminal petition has been filed under sectI-OnS 437 and 439 of the code of criminal procedure,1973 (for brevity f{he cr.p.c.I)/ sections 480 and '483 of the Bharatiya Nagarik Suraksha sanhita, 2023 (for'brevity fthe BNSSl]), seeking to enlarge the petitioners/Accused Nos.3 and 5 on ba" jn cr.No.58 of 2024 of Pedabayalu police-Station, AIIuri Sjtharama Raju District, registered against the petI'{l'OnerS/Accused Nos.3 and 5 herein for the offence punt-Shable under sections 111(2)(b) BNS, 20(b)(if)(C), read wl'th 25, 8(c) of the Narcotic Drugs and psychotropic substances Act, 1985 (for brevity {the NDPS Act'), Dr.YLR, J Crl.P.No.4106 of 2025 Dated 24.07.2025 2.I The case of the prosecution is that on 30.ll.2024, the Sub-Inspector of ® police Pedabayalu Police Station, on receipt of credible information regarding the illegal possession and transportation of ganja, secured the presence of mediators, and inspected the vehicles. The Sub-Inspector of Police noticed / the petitioners in one motorcycle and two autos coming from Rudakota side, and on seeing the police, they tried to sculk away. The Sub-Inspector of Police apprehended the petitioners and found in their possession 275 Kgs of Ganja seized them under a mediatorsJ report and arrested them. ( 3. Heard learned counsel for the petitioners and the learned Assistant I -public Prosecutor. a 4. Sri G. Maheswara Rao, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are sole bread winners of their family; they are ready to abide any conditions to be imposed by this court; and urged to enlarge the ,-petitioners on bail. 5. Per confra, Ms. Akhila Naidu, the learned Assistant Public Prosecutor, subm®its that the petitioners \^rere found in possession of 275 Kgs of Ganja, which is a commercial quantity. However, it is submitted that there are no O adverse antecedents against the petitioners, and requested to pass appropriate orders. 6. Perused the record. I Dr.YLR, J Crl.P.No.41O6 of2025 Dated 24.07.2025 As seen from the record, the petj{joners/Accused Nos. 3 and 5 were arrested on 30.ll.2024 and have been in judicI-al custody since then. The charge sheet has not been filed before the learned Trl-aI Court. The prosecutI-On filed an applicatl'on under sectI'On 36A Narcotic Drugs And psychotropjc substances Act, I'n CrI.M,P. No.466 of 2025 before the learned Trl'al Court, whI|Ch Was dismissed on o5.06.2025. The learned AssI-Slant Public prosecutor fairly conceded that there are no adverse ante.cedents against the PetI:tiOners/Accused Nos. 3 and 5. I I 8. section 36A(4) of {the Act.,I states that if the investigation I-S not completed wlthin 180 days, the petltIOner/accused has an lndefeasI'ble rlght to balll, unless the Special court extends the perl-od LIP {O One year on the report of the public prosecutor, indI-Call-ng I.he progress of the l'nvestigati6n and specific reasons for the detentI'On Of the accused beyond the I-nitial period. 9. Keeping into consideration the number of days the petitioners/Accused Nos.3 and 5 have been in judjcjal custody, the nature of the a]legatl'ons levelled against tham, and their alleged role in the case, this court is jncljned I to enlarge the petitI-Oners/Accused Nos.3 and 5 bn bail. This court is of the opinI|On that if certain strI'ngent condjtjons are imposed on the petitioners for securI'ng theI'r Presence before the learned TrI'al Court for trial, the l|nterest of justice would be met. 10 In the result, the crl'mfnal petltIOn IS allowed w[th the fo!!owjng COnditI|OnS.- Dr.YLR, J Crl.P.No.4106 of 2025 Dated 24.07.2025 i. The Petitioners/Accused Nos.3 and 5 shall be enlarged on bail subject to them executing a personal bond for a sum of I Rs.50,000/- (Rupees Fifty Thousand Only), each w-lth two sureties for the like sum each to the satisfaction of the learned Judicial I Class Magistrate, Paderu. ii. The Petitioners/Accused Nos.3 and 5 shall appear before the Station House Officer, Pedabayalu Police Station, AIluri Sitharama Raju District, on every Saturday in between 10:00 am and 05:00 pm, till the conclusion of the Trial.. iii. The Petitioners/Ac'cused Nos.3 and 5 shall not leave the limits of the District without prior permission from the P Investigating Officer. iv. The Petitioners/Accused NosI3 and 5 shall not commit or indulge in similar offences in future. v. The Petitioners/Accused Nos.3 and 5 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. //TRUE COPY// Sd/-SHAIK MOHD. RAFI ASSISTAN ECTIO GISTRAR N OFFICER ERE 1. The StatI'On House Officer, Pedabayalu P.S., now Alluri Sitharama Raju District. 2. The I Additional District & sessions Judge-Gum-special Judge for Trial of Offences under NDPS Act, VI-Sakhapatnam. 3. The JudicI|aI First Class Magistrate, paderu. 4. The Superintendent, central Jail, Visakhapatnam. 5. One CC to SRI. GOLLAPALLI MAHESWARA RAO, Advocate [opuc] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra pradesh. [OPUC] 7. One spare copy KN L-_.I_£rty±J-ll.- HIGH COURT DR.YLR,J DATED.. 24/07/2025 ORDER CRLP.No.4106 of 2025 ALLOWED