H _-.Z<``I_,,F9 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE ELEVENTH DAY OF A'UGUST, TWO THOUSAND AND TWENTY FIVE :PRESEN+ if- .,..`.fr-,qu+zI#f.i- +.v:\v`:{'-. i '-.T=.-,€ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO ~- CRIMINAL PETITION NO: 5895 OF 2025 rf Between: Korada Balaji Krishna, S/o. Late Sriram Murthy, Aged about 56 years, R/o. New Street, 2nd Lane, Jaipur, Odisha, R/o. D.No 17-34-2/16, Ganesh Nagar, Narsing Nagar, Dondaparthi, Visakhapatnam Petitioner/Accused No.3 AND The State of Andhra Pradesh, through the Station House Officer, Gajuwaka Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravathi, Guntur District. Respondent/Complainant I., Petition under Section 480 & 483 of BNSS., is f,-led praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to release the petitioner / A3 on bail in connection with Crime No. 57 / 2025 of Gajuwaka Police Station u/s. 20 (b) (ii) (c), 25 R/w. 8 (c) of NDPS Act, Visakhapatnam District dt: ll.02.2025. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of sri. K PRIDHVI RAJU, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent; The Court macle the following ORDER.I APHCO10283152025 EIE] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special Original Jurisdiction) MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOllRABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5895/2025 [3521] Between : KORADA BALAJl .KRISHNA, S/O. LATE SRIRAM MURTHY, AGED ABOUT 56 YEARS, R/O. NEW STREET, 2ND LANE, JAIPUR, ODISHA, N/O. D.NO 17-34-2/16, GANESH NAGAR, NARSING NAGAR, DONDAPARTHl, VISAKHAPATN/`M H.PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, through the Station House Officer, Gajuwaka Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravathi, Guntur Distric ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: K PRIDHVI RAJU Counsel for the Respondent/comp[ainant: 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 I 2 Dr. YLR, J CrI.P.No.5895 of 2025 Dclted ll.08.2025 480 and 483 of the BharatI'ya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS!), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.57 of 2025 of Gajuwaka Police Station, Visakhapatnam Commissionerate, 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 lthe NDPS Act'). 2. The case of the prosecution is that on ll.02.2025, on receipt of credible information regarding the illegal possession and transportation of ganja, the Sub-Inspector of Police, Gajuwaka Police Station, along with his staff, secured the presence of mediators and obtained a search warrant, and reached D.No. 24-9-1/3, behind More Super Market, VUDA Colony, Kanithi Road, Gajuwaka, Visakhapatnam. The police found that the said house is a three-storied building, and upon entering the said building, they found one house -on the ground floor. The police knocked on the door of the ground floor house, and soon after, one male person opened the door, The police then found eight male persons inside the house. upon verification, they found six cardboard boxes in-the bedroom. The six cardboard boxes contained 90 packets of ganja. During the interrogation, the Sub-Inspector of Police seized 4 packets from the vehicle KIA Seltos, grey colour, bearing registratl-on No. OD 10 U 7595. The Investigating 3 Dr. YLR, J CrI.P.No.5895 of 2025 Dated ll.08.2025 officer seized a total of 94 packets of ganja, weighi,ng 184.00 kgs, under the cover of a mediators] report, and the accused were arrested. 3. Mr.K.Pridhvi Raju, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. lt is further subm'ltted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The pet'ltioner 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 'ln the interest of justice. 4. Per cot,fra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still undervay and several material Witnesses remain tO be examined. lt 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 js urged that the petition be dismissed. 5. As seen from the record, the petitioner/Accused No.3 was indulged in possession of 184.00 kgs of ganja. Although it is commercial quantity, the petitioner has been languishing in the jail since ll.02.2025 onwards. Nearly for the past 180 days he has been in the judicial Custody. The investigating 4 Dr. YLR, J_ CrI.P.No.5895 of 2025 Dated ll.08.2025 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 ][nfluencing 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.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. 7. Section 36A(4) of {the NDPS Act' states that if the investigation is not 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 per'lod of detention undergone by the petitioner/Accused No.3 in judicial custody for the past 180 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 Dr. YLR, J Crl.P.No.5895 of 2025 Dclted ll.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.50,000/- (Rupees Fifty Thousand only), with two Sureties each for the like sum each to the satisfaction of the learned lll Additional Chief Judicial Magistrate at Gajuwaka, Visakhapatnam. 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. ii-I. The petit-loner/Accused No.3 shall not leave the limits of the District without prior Permission from the Station House Officer concerned. iv. The petitioner/Accused No.3 shall not commit Or indulge in commission of any offence in future. v. The petitioner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make himself ava'llable 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. \\\ i 6 Dr. YLR, J CrI.P.No.5895 of2025 i Dated ll.08.2025 vI'i. The petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating O.fficer. 9. Accordingly, the Criminal Petition is allowed. / . sD/- B.PRASAP RAO ASSISTANT //TRUE COPY// SECTION OFFICER 7 Z 6,, To, 1. The Ill Additional Chief Judicial Magistrate at Gajuwaka, Visakhapatnam. 2. The I Addit'lonal District & Sessions Judge - Gum - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 3. The Superintendent, -Central Pr-lson, Visakhapatnam. 4. Theo Station House Officer, Gajuwaka Police Station, Visakhapatnam District. 5. One CC to Sri. K PRIDHVI RAJU, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 7. One spare copy JSS /€ I HIGH COURT DR.YLRJ DATED: ll/08/2025 BAIL ORDER CRLP.No.5895 of 2025 ALLOWED