IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT^®^ FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6396 OF 2025 Between: Routhu Mallesh, S/o Kanaka Rao Age 45 years, presently R/o Sundarayya Colony Gajuwaka, Visakhapatnam ...Petitioners/Accused No.1 AND The State of Andhra Pradesh, through Station House officer, Narsipatnam Police Station, Rep. by Public Prosecutor, High Court at Amaravati. ...Respondent Petition under Sections 437 & 439 of Cr.P.C/ Under Sections 480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may bd pleased to release the Petitioner/Al on bail in connection with Crime No. 50 of 2025 of Narsipatnam Police Station. ' The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI RAMINENI SUDHEER Advocate for the Petitioner, and ol^ PUBLIC PROSECUTOR, for the Respondent, the Court made the following 2 Dr.YLRj" ^ CrI. P. No. 6396 of2025 ||^ Dated 29.08.2025 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 petitioner/Accused No.1 on bail in Cr.No.50 of 2025 of Narsipatnam Town Police Station, Anakapalli District, registered against the petitioner/Accused No.1 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’). The case of the prosecution is that on 03.03.2025 at about 09.45 hours, on receipt of credible information regarding illegal possession and transportation of ganja, the Sub-Inspector of Police, Narsipatnam Town Police Station, along with his staff and mediators, rushed to Polytechnic College and conducted vehicle checking. The police noticed two persons coming from k.D. Peta on a scooty with a gunny bag in between them, and on seeing the police, they tried to escape. The police apprehended Accused Nos.1 and 2. On search in the dicky, they found two polythene covers containing gold, cash, and three cell phones. On being asked about the gold and cash, they replied that the said property was stolen property. Later, on verifying the polythene bag, 11 packets wrapped 2. 3 Dr. YLR, J CrI.P.N0.6396 of2025 Dated 29.08.2025 with brown colour tape were found, and on opening them, dry flowers, stumps, and buds emitting a smell of ganja were found. The accused were arrested, and 22.00 Kgs of ganja was seized under the cover of the mediators’ report. Sri Ramineni Sudheer, the learned counsel for the petitioner 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 incarceration 3. would cause undue hardship to his dependents. The petitioner undertakes 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. 4. Per contra, 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. It 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 submissions, it is urged that the petition be dismissed. 4 Dr. YLR, / Crl.P.No.6396 of2025 ^ Dated 29.08.2025 Heard the learned counsel for the petitioner and the learned 5. Assistant Public Prosecutor. Perused the record. As seen from the record, the petitioner/Accused No.1 was allegedly indulged in dealing with 22.00 Kgs of ganja. The petitioner was arrested on 03.03.2025 and has been in judicial custody for the past 180 days. The learned Assistant Public Prosecutor submits that a suspect sheet is opened against the petitioner and sixty-nine (69) cases are pending against him, out of which four cases pertain to ‘the NDPS Act’. The alleged incident happened on 28.02.2025, whereas the FIR was registered on 03.03.2025, nearly after four days. The material portion of the investigation is completed. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigation may not arise. 6. 7. The learned Assistant Public Prosecutor submits that there are sixty nine (69) adverse antecedents against the petitioner/Accused No.1 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. 8. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.1 has an 5 Dr. YLR, J Crl.P.No.6396 of2025 Dated 29.08.2025 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. 9. Considering the period of detention undergone by the petitioner/Accused No.1 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; i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a 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 Additional Judicial First Class Magistrate, Narsipatnam. ii. The petitioner/Accused No.1 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.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. 6 Dr. YLR,j-'^ Crl.P.No.6396of2025 M Dated 29.08.2025 ^ The petitioner/Accused No.1 shall not commit or indulge IV. in commission of any offence in future. The petitioner/Accused No.1 shall cooperate with the V. investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. The petitioner/Accused No.1 shall not, directly or VI. 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. 10. Accordingly, the Criminal Petition is allowed. SD/- A. VIJAYA BABU assistant registrar SECTIONOFFICER //TRUE COPY// To 1. The Additional Judicial Visakhapatnam District 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District 3. The Station House Officer, Narsipatnam Town Police Station, Anakapalli District 4. One CC to SRI. RAMINENI SUDHEER Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy First Class Magistrate, Narsipatnam, PSR HIGH COURT DR.YLR,J DATED:29/08/2025 BAIL ORDER CRLP.No.6396 of 2025 ALLOWED