APHC010104202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4107/2025 Between: Vanthala Jayaram ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: G. MAHESWARA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of "Bharatiya Nagarik Suraksha Sanhita, 2023" (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.48 of 2024 of Pedabayalu Police Station, registered against the petitioner/Accused No.3 herein for the offence punishable under Section 2 Dr. YLR, J Crl.P.No.4107 of 2025 Dated 29.04.2025 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 21.10.2024 the Sub- Inspector of Police, Pedabayalu Police Station, apprehended the petitioner/A-3 and Accused No.4 and found in their possession 150 Kgs of Ganja in a Jeep and contraband was seized under mahazarnama. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Mr. Dasari Rama Koteswara Rao, learned counsel, representing Sri. G. Maheswara Rao, the learned counsel for the petitioner, submitted that the petitioner is nothing to do with offence; he is innocent; he is sole breadwinner of his family; he would abide by any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 5. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, argued that the investigation is not completed, the petitioner was found in possession of commercial quantity of Ganja. However, it is submitted that the petitioner has completed 188 days of detention in judicial custody and he has completed the statutory period as contemplated under Section 36A(4) of ‘the NDPS Act’ and requested to 3 Dr. YLR, J Crl.P.No.4107 of 2025 Dated 29.04.2025 pass appropriate orders, while submitting that the petitioner is a habitual offender; nonetheless, no information is received. 6. As seen from the record, the petitioner was found in possession of 150 Kgs of Ganja along with Accused No.4 in a jeep. The petitioner was arrested on 21.10.2024 and he has been in judicial remand for the past 188 days. In this Case, even though the charge sheet is not filed, material portion of the investigation is completed. 7. In view of the peculiar facts and circumstances of the case, gravity of the allegations levelled against the petitioner, I am inclined to enlarge the petitioner on bail. 8. In the result, the criminal petition is allowed with the following stringent conditions: i. The petitioner shall be enlarged on bail subject to he executing a 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, Paderu. ii. The petitioner shall appear before the Station House Officer, Pedabayalu Police Station, on every Saturday in 4 Dr. YLR, J Crl.P.No.4107 of 2025 Dated 29.04.2025 between 10:00 am and 05:00 pm till the cognizance is taken. iii. The petitioner shall not leave the limits of the District without prior permission from the learned Judicial First Class Magistrate, Paderu. iv. The petitioner shall not commit or indulge in similar kind of offences. v. The petitioner 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 RSI 5 Dr. YLR, J Crl.P.No.4107 of 2025 Dated 29.04.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.4107 of 2025 Date: 29.04.2025 RSI