lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI \.-i~ i MONDAY, THE TWENTY FIRST DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6085 OF 2025 Between : Jyothi Bhusan Behera, S/o. Nagabhushan Behera, aged about 33 years, R/o. Purana Koraput, Koraput Town, Koraput District, Odisha State. Petl-tioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its PublI-C Prosecutor, High Court ofAndhra Pradesh. Respondent Petition under section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed Praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/Accused No. 3 on bail pending disposal of crI-me No.202/2024 of Ramabhadrapuram p.s., vizianagaram District. The petition coming on for hearing, upon perusing the petitI-On and the affidavit filed in support thereof and upon hearing the arguments of sri. GOLLAPALLI MAHESWARA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: APHCO10292132025 I._ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6085/2025 [3521] Between : JYOTHl' BHUSAN BEHERA, S/O. NAGABHUSHAN BEHERA, AGED ABOUT 33 YEARS R/O. PURANA KORAPUT, KORAPUT TOWN, KORAPUT DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. H.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 fthe Cr.P.C.I)/ Section 2 Dr. YLR, J CrI.P.No.6085 of 2025 Dated 21.07.2025 brevity [the BNSS'), seek'lng to enlarge the petitioner/Accused No.3 on bail -ln cr.No.202 of 2024 of Ramabhadrapuram Police Station, Viziahagaram District, registered against the Petitioner/Accused No.3 herein for the offences punishable under Section 8(c) read with 20 (b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS Act'). 2. The case of the prosecution iS that On 12.12.2024, on receipt of credible information regarding illegal possession of Ganja, the Sub- lnspector of police, Ramabhadrapuram Police Station, along with h'ls staff and secured the mediators and rushed to 'Kottakki Village Junction and conducted veh'lcle checking. The police noticed one lorry and two bolero vehicles coming I,owards them and on seeing the police, the drivers tried to escape. The Sub-Inspector of Police along with staff apprehended Accused Nos.1 to 3 and found in their possession 810 KGs of Ganja. The police seized the contraband under the cover of mediator]s report and remanded to the accused judicial custody. 3. Sr'l G.Maheswara Rao, the learned counsel for the Petitioner, Submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. a/ 3 Dr. YLR, J Crl.P.No.6085 of 2025 Dc(ted 21.07.2025 4. Per confra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in grantI'ng Of bail stating that some more material witnesses have to be examined; investigation is not completed; if the Petitioner iS enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and it is urged to dismiss the baj] application, 5. Perused the record. 6. As seen from the record, the petI|tiOnerWaS indulged in transportation and possession of 810 KGs of Ganja. The petI-tiOner has been languishing in the jail since 13.12.2024 onwards, nearly 230 days he hasbeen in the judicial custody. 7. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the pc`titl-oner/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 up to one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initI'al Period. 8. Section 36A(4) of lthe Act' states that if the investigation is not completed within 180 days, the petitioner/Accusec] No.3 has an indefeasible right to bail, unless the Special Court extends the period up to \`- `,_ -_.Ji i,I 4 Dr. YLR, I CrI.P.No.6085 of 2025 Dated 21.O7.2025 one year on the report of the public Prosecutor, indicating the progress of the investigat'lon and specific reasons for the detention of the accused beyond the initial period. 9. Keeping into consideration the-number of days the petitioner has been in judicial custody, the nature of the allegations levelled against him, stage of the investigation and his alleged role in the case, this Court is inclined to enlarge the petitioner on bail with certain stringent conditions. 10.I ln the result, the Criminal Petit-Ion is allowed with the following conditions: 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 for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Salur. ii. The petitioner/Accused No.3 shall appear before the Station House Officer, Ramabhadrapuram Police Station, Vizianagaram D|lstrict, on every Saturday in between 10:00 am and o5:00 pm, till the conclusion of the Trial. iii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the learned Trial Judge. ....... i .rJ Dr. YLR, J Crl.P.No.6O85 of 2025 Dated 21.07.2O25 iv. The petitioner/Accused No.3 shall not commit or indulge in similar offences in future. v. The petitioner/Accused No.3 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. SD/- -K.SRINIVASA RAJU ASSISTANT R STRAR //TRUE COPY// SECTION-OFFICER To, 1. The Special Judge for Trial of Offences under NDPS Act-cum-I Additional Sessions Judge -Vizianagaram. 2. The Judicial Magistrate Of First Class, Salur, 3. The Superintendent, Central Jail, Visakhapatnam. 4. The Station House Officer, RamabhadraPuram Police Station, vizianagaram District. 5. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 7. One spare COPY JSS i 1'l _ __ HIGH COURT DR.YLR, J DATED:21/07/2025 BAIL ORDER CRLP.No.6085 of 2025 ALLOWED