i [3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE : PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO, CRIMINAL PETITION NO: 6157 OF 2025 M'jl m.§ f! ■M \ i Between: 1. Rajesh Sharma, R/o. near Hanuman Temple, Hosangabad City, Hosangabad District, Madhya Pradesh State. 2. Mahadeb Khila, S/o. Padalam Khiiam, aged about 22 years, R/o. Papuluru Village, Kalimela Tehsil, Malkangiri District, Odisha State. Petitioners/Accused-2 &3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.2, 3 on bail pending disposal of Crime No. 164/2024 of Golugonda P.S., now Anakapalli District COUNSEL FOR THE PETITIONERS : SRI. GOLLAPALLI MAHESWARA RAO COUNSEL FOR THE RESPONDENT ; PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER 2 Dr. YLR,. Crl.P.No.6157 of2025 ^ Dated 21.08.2025 ^ 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 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.2 and 3 bail in Cr.No.164 of 2024 of Golugonda Police Station, Anakapalli District, registered against the petitioners/Accused Nos.2 and 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 ‘the NDPS Act’). on The case of the prosecution is that on 19.12.2024, on receipt of credible information regarding illegal possession and transportation of ganja, the Sub-Inspector of Police, Golugonda Police Station, along with his staff and mediators, rushed to the outskirts of Chinnayyapalem Village and conducted vehicle checking. The police noticed a van coming from K.D. Peta side towards Narsipatnam side, and on seeing the police, the driver escaped. The police apprehended the accused. During the investigation. Accused Nos.2 and 3 disclosed their address particulars and. 2. basing on their confession statements, 450 Kgs of ganja was seized under the cover of the mediators’ report. 3 Dr. YLR, J Crl.P.No.6157 of 2025 Dated 21.08.2025 Sri G.Maheswara Rao, the leaned counsel for the petitioners contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioners/Accused Nos.2 and 3 allegedly indulged in dealing with 450.00 kgs of ganja, which is not only a commercial quantity but also a colossal quantity. The petitioners have been languishing in jail since 19.12.2024. Nearly for the past 210 days they have were 4 Dr.YLHMm Crl.P.No.6157 of2025^^ Dated 21.08.2025 ^ been in judicial custody. The petitioner/Accused No.2 is a resident of near Hanuman Temple, Hosangabad City, Hosangabad District, Madhya Pradesh State. The petitioner/Accused No.3 is a resident of Papuluru Village, Kalimela Tehsil, Malkangiri District, Odisha State. The material portion of the investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioners influencing or threatening the witnesses or hampering the investigation may not arise. 7. The learned Assistant Public Prosecutor submits that there adverse antecedents against the petitioners/Accused Nos.2 and 3 and remand extension petition was filed before the learned Court below by the learned Public Prosecutor concerned seeking extension of the period of judicial custody of the petitioners and the same was dismissed. are no 8. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioners/Accused Nos.2 and 3 has 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. an 8. Considering the period of detention undergone by the petitioners/Accused Nos.2 and 3 in judicial custody for the past 210 days, the nature and gravity of allegation levelled against the petitioners, and their r-... . 5 Dr. YLR, J CrLP.No.6157 of 2025 Dated 21.08.2025 f ^ m alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to they executing a bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only), each with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. ii. The petitioners/Accused Nos.2 and 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. iii. The petitioners/Accused Nos.2 and 3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioners/Accused Nos.2 and 3 shall not commit or IV. indulge in commission of any offence in future. The petitioners/Accused Nos.2 and 3 shall cooperate with V. the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. The petitioners/Accused Nos.2 and 3 shall not, directly or VI. indirectly, make any inducement, threat or promise to any person 6 t Dr. YLk Crl.P.No.6157 of2025 Dated 21.08.2025 ^ 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. Accordingly, the Criminal Petition is allowed. 9. SD/- U. SRIDEVI ASSISTANT REQfSTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam 2. The Additional Judicial First Class Magistrate, Narsipatnam 3. The superintendent, Central Prison, Visakhapatnam 4. The Station House officer, Golugonda P.S., now Anakapalli District 5. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT] 7. One spare copy HIGH COURT DR.YLR,J DATED:21/08/2025 BAIL ORDER CRLP.No.6157 of 2025 ALLOWED ^ . OVAL g 2 '\ WG ® lin rn oo or. ic