APHC010304632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6221/2025 Between: 1. BALAKRUSHNA GALANGI, S/O. BALANNA GALANGI, AGED ABOUT 22 YEARS, R/O. LIMATANG VILLAGE, DULIPUTTU PANCHAYAT, CHITRAKONDA BLOCK, MALKANGIRI DISTRICT, ODISHA STATE. 2. BALRAJU KUMUDA,, S/O. BALANNA, AGED ABOUT 20 YEARS, R/O. LIMATANG VILLAGE, DULIPUTTU PANCHAYAT, CHITRAKONDA BLOCK, MALKANGIRI DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.2 & 3 on bail in Cr.No.4/2025 of Pedabayalu Police Station, Alluri Sitharama Raju District, registered against the petitioners/Accused Nos.2 & 3 herein for the offence punishable under Sections 20(b)(ii)(c), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Material averments stemming from the prosecution are that on 05.02.2025 at 15:00 hours, at Panneda Village Junction, situated within Seekari Panchayat, Pedabayalu Mandal, ASR District, the accused persons were apprehended while in unlawful possession and transportation of contraband substance, namely ganja. The incident was formally reported on the same day at 18:00 hours by the complainant, K. Ramna, Sub-Inspector of Police, Pedabayalu Police Station.Acting upon credible information, the complainant, accompanied by Police Constables bearing Nos.2184 and 225, along with the APSP party and independent mediators, proceeded to the aforementioned location in a private vehicle. Upon reaching Panneda Village Junction, the police party intercepted and arrested two individuals found in possession of the contraband.During the course of the operation, the someitems were seized under the cover of a mediators’ report: 110 kilograms of ganja contained in three white-coloured plastic bags, one Bajaj Auto vehicle allegedly used for transportation of the contraband, and one Nothing Android mobile phone found in possession of the accused.The individuals arrested at the scene were identified as Accused No.2/BalakrushnaGalangi, auto driver, and Accused No.3/Balraju Kumuda. Subsequently, Accused No.1 was identified as Boribori Chittibabu, S/o (Late) Pandanna. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri G.Maheswara Rao , learned counsel for the petitioners submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; the Petitioners have got fixed abode, hence, if any condition is imposed while granting the bail, Petitioners would not violate it; and it is urged to allow the petition. 5. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners were enlarged on bail, they would not be available for the investigation and Petitioners may threaten the witnesses; they would escape from the clutches of law; and urged to dismiss the bail petition. 6. Section 36A(4) of ‘the Act’ states that if the investigation is not completed within 180 days, the petitioner/accused No.1 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. 7. Be that as it may, the petitioners have been in the judicial custody for the past 190 days, they were arrested on 05.02.2025 on the allegation that they were allegedly dealing with 110 kgs of Ganja which is a commercial quantity. The petitioners have got fixed abode. They are permanent residents of Limatang Village, Malkangiri District, Odisha State. 8. Considering the nature and gravity of allegation levelled against the petitioners, their alleged role played in this case, and the period of detention undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioners/Accused Nos.2 & 3 shall be enlarged on bail subject to them executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Paderu. ii. ii. The petitioners/Accused Nos.2 & 3shall appear before the Station House Officer, Pedabayalu Police Station, Alluri Sitharama Raju District, 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 & 3shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.2 & 3shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.2 & 3shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.1 to 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. vii. The petitioners/Accused Nos.2 & 3shall surrender their passports, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 14.08.2025 SCH