IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA MONDAY, THE ELEVENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO |r``:|':-a CRIMINAL PETITION NO: 5892 OF 2025 --_ Between : Ramachandra Sisha, S/o. Sania Sisha, Aged about 41 years, R/o. Antabir, Bilaput Manchikonda Thana, Koraput District, Odisha State. ...Petitioner/Accused No[7 AND The State of Andhra Prade-sh, through the Station House Officer, Gajuwaka Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, AinTaravathi, Guntur District. ...Respondent/Complainant petition under sections 480 & 483 of BNSS, 2023, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/A7 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.02.202.5. The petition coming on for hearing, upon perusing the petition and the grounds filed in support ther6`of and upon hearing the arguments of Sri K.Pridhvi Raju, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following APHCO10283122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3521] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO eLR_lMINAL PETITION NO.-5892/2Qng± Between : RAMACHANDRA SISHA, S/O. SANIA SISHA, AGED ABOUT 41 YEARS, R/O. ANTABIR, BILAPUT MANCHIKONDA THANA, KORAPUT DISTRICT, ODISHA STATE ".PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, through the stall-On House Officer, Gajuwaka Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Nelapadu, Amaravathi, Guntur District .MRESPONDENT/COMPLAINANT counsel for the petitioner/accused: K PRIDHVI RAJU 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.I)/ Sections _`-~ i, \ 2 Dr.YLR,I ' CrI.P.No.5892 of 2025 Dated ll.08.2025 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the petitioner/Accused No.7 on bail in Cr.No.57 of 2025 of Gajuwaka Police Station, Visakhapatnam Commissionerate, registered agairist the petitioner/Accused No.7 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'). 2. 2. The case of the prosecution is that on ll.02.2025, o`n 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 poll-Ce then found eight male Persons inS®lde 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 registration No. OD 10 U 7595. The Investigating `.`+ .\7) .JS 3 Dr. YLR, I CrI.P.No.5892 of 2025 Dclted ll.08.2025 Officer seized a total of 94 packets of ganja, weighing 184.00 kgs, under the cover of a medI'atOrS] report, and the accused Were arrested. 3. Mr.K.PridhvI-Raju, the learned counsel for the petI'tiOner 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 continuecl incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this court. ln light of the foregolrng, learned counsel prays that the present petition be allowed in the interest of justice. 4. Percor,ira, 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. lt is contended that if the petitioner is released on bail at this stage, there I'S a Strong II|kelihOOd 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 petitl-oner/Accused No.7 was indulged Inn possession Of 184.00 kgs of ganja. AIthough it is commercial quantity, the Petitioner has been languishing in the jail since ll.02.2025 onwards. Nearly for the past 186`days he has been l'n the judicial custody. The investigating 4 Dr. YLR, J Crl.P.No.5892 of 2O25 Dated ll.08.2O25 officer has not fI-led Charge Sheet in this case. MaterI-al POrtiOn Of I'nVeStigatiOn is completed. All the witnesses of the prosecution are offI'Cial Witnesses. Hence, the question of petitioner influencing or threatening the witnesses or hampering the investigation may not arl'se. 6. The learned Assistant Public Prosecutor submits that there is one adverse antecedent against the petitioner/Accused No.7 and no report was filed before the learned Court below by the learned public prosecutor concerned seeking for extension period of judI'Cial Custody Of the Petitioner upto one year by indicating the progress of investI'gatiOn and the specific reasons for the detention of the accused beyond the I-nitial period. 7. Section 36A(4) of fthe NDPS Act' states that if the investI'gatiOn iS not completed within 180 days, the petitioner/accused No.7 has an indefeasI'ble 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 specI-fI'C reasons for the detention of the accused beyond the inI-tI'al Period. 8. Considering the period of detention undergone by the PetitI'Oner/Accused No.7 in J'udiCial Custody for the Past 180 days, the nature and gravity of allegation levelled against the petitI'Oner, and his alleged role played in the case, this court is incII-ned tO enlarge the petitioner on bail with the followi'ng stringent conditI-OnS.- . J7,_ a., 5 Dr. YLR, J CrI.P.No.5892 of 2025 Dated ll.08.2025 i. The petitioner/Accused No.7 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 Ill Additional Chief Judicial Magistrate at Gajuwaka, Visakhapatnam. ii. The petitioner/Accused No.7 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.7 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.7 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.7 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. vi. The petitioner/Accused No.7 shall not, directly or indirectly, make any inducement, threat or promise to any person acqua-lnted 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 Crl.P.No.5892 of 2025 Dated ll.08.2025 vii. The petitioner/Accused No.7 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. 9. Accordingly, the Criminal Petition is allowed. . SD/-B.PRASAD RAO ASSISTANT R GISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional District & sessions Judge-Gum-special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Ill Additional ChI-ef Judicial Magistrate at Gajuwaka,I Visakhapatnam. 3. The Superintendent, central Prison, VI'SakhaPatnam. 4. The Station House offI'Cer, Gajuwaka police station, visakhapatnam Djstrl|ct. 5. One CC to Sri K.PrI-dhVi Raju.,.Advocate [opuc] 6. Two CCs topuBLIC PROSECUTOR, High Court of A.P., Amaravati.[ouT] 7. One spare copy. PSD I-i HIGH COURT DR.YLR,J DATE : ll /08/2025 BAIL ORDER CRLPINo.5892 of 2025 ALLOWED