IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY, THE TWENTY FIRST DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6456 OF 2025 Between : 1. Binay Kumar Mishra, S/o. Bapan Mishra, aged about 44 years, R/o. H.No.286, Zone-1/B, Birsanagar, NearAndra Samity, PO Telco, Jamshedpur, Purbi Singhbhum District, Jharkhand State, Currently residing at Flat No.402, Green Castle Apartment, Sujatha Nagar, Pendurthi, Vjsakhapatnam, Visakhapatnam District. 2. Yogendra Choudhary, S/o. Chhatthoo Choudhary, aged about 36 years, R/o. Malahtola, Naripanchedera Post, Karanda Tana, Ghazipur District, Uttar Pradesh State, Currently residing at Flat No.101, NAR Residency Sujatha Nagar, Pendurthi, Visakhapatnam, Visakhapatnam District Petitioners/Accused No.1, 2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court ofAndhra Pradesh. Respondent Pet-ltion under Section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstamces stated in the grounds filed in support of the CriminalPetition, the High Court may.be pleased to enlarge the Petitioners/Accused No.1, 2 on bail pending disposal of Crime No.01/2025 of Pendurthi P.S., Visakhapatnam District. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent; _.-\_ _ _ j. Dr. YLR, J CrI.P.No.6456 of 2O25 Dated 21.07.2025 The Court made the following: ORDER: ` The Criminal Petition has been filed under Sections 437 and 439 of the code of crI-minal Procedure, 1973 (for brevity {the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevI'ty £the BNSS]), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail I-n Cr.No.01 of 2025 of Pendurthy Police Station, Visakhapatnam commissionerate, registe+ed against the petitioners/Accused Nos.1 and 2 herein for the offences punishable under Section 20 (b) (ii)(C) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity {the NDPS Act]). 2. The case of the prosecution is that on o1.01.2025, on receipt of credible information regarding illegal possessI'On Of Ganja, the Sub- Inspector of Police, Pendurthy Police Station, along with his staff and secured the mediators and rushed to in front of MIG-01, Vuda Colony, Chinamushidiwada, Pendur{hy, Visakhapatnam. The police notI'Ced three persons with bags suspiciously and on seeing the police, the three persons tried to escape. The Sub-Inspector of Police along with staff apprehended Accused Nos.1 to 3 and found in theI'r POSSeSSI'On 235 KGs of Ganja. The Police seized the contraband under the cover of mediator's report`and remanded to the accused I-udiCial Custody. <r 3 Dr. YLR, I Crl.P.No.6456 of 2025 Dclted 21.07.2025 3. Sri G.Maheswara Rao, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they are falsely implicated in this case; they are sole breadwinners of their family; they are ready to abide any conditions to be imposed by this court; and urged to enlarge the petitioners oh bail. 4. Per confra, Ms.P.Akl'la Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; I'nVeStigatiOn iS not CO'mPIeted; I-f the Petitioners are enlarged on bail, they would not be available for the l'nvestigation and they would escape from the clutches of law,I and it Its urged to dismiss the bail application. 5. Perused the record. 6. As seen from the record, the petitI'OnerS Were indulged I'n transportation and possession of'235 -KGs of Ganja. The petitioners have been languishing in the jail since d1.01.2025 onwards, nearly 190 days they have been in the judicial custody. This Court, v,-de order dated 10.07.2025 in Crl.P.No.6658 of 2025, granted bail to Accused No. 3. 7. The learned Assistant Public Prosecutor submI-tS that there are no adverse antecedents against the petitioners/Accused Nos.1 and 2, and no report was filed before the learned Court below by the learned PublI-C \,\* \.lSJ -_ 4 Dr. YLR, J Crl.P.No.6456 of 2025 Dated 21.07.2025 Prosecutor concerned seeking for extensl'on period of judicial custody of the petitioners up to one year by inclicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. 8. Section 36A(4) of lthe Act' states that if the investigation is not completed within 180 days, the petitioners/Accused Nos.1 and 2 have 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. 9. Keeping into consideration the number of days the petitioners have been in judI-Cial Custody, the nature Of the allegations levelled against them, stage of the investigation and their alleged role in the case, this Court is inc[jned to enlarge the petitioners on bail with certain stringent conditions. 10. ln the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.land 2 shall be enlarged on bail subject to them executin.a a personal bond for a sum of Rs.25,000/- (Rupees Twenty FiveThousand only), each with two sureties for the like sum each to the satisfaction of the I.4324ifr) 5 Dr. YLR, I Crl.P.No.6456 of 2O25 Dated 21.07.2025 learned Vl[ Additional Judicial First Class Magistrate, Visakhapatnam. ii. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer, Pendurthy Police Station, Visakhapatnam Commissionerate, on every Saturday in between 10:00 am and 05:00 pm, till the conclusion of the Trial- iii. The petitioners/Accused Nos.1 and 2 shall not leave the limits of the District without pri-or permission from the learned Trial Judge. iv. The petitioners/Accused Nos.1 and 2 shall not commitor indulge jn similar offences in future. v. The petitioners/Accused Nos.1 and 2 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investI-gating Officer aS and When called by him. SD/-G.HELANAIDU ASSISTAN //TRUE COPY// s REGISTRAR ION OFFICER To, 1. The I Additional District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The VII AdditI-OnaI JudicI'aI First Class Magistrate, Visakhapatnam. 3. The Superintendent, central Jail, Visakhapatnam. 4. The Station House Officer, Pendurthi Police Statl'on, Visakhapatnam. 5. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 6. Two cos to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh, Amaravati. [ouT] 7. One spare copy JSS HIGH COURT DR.YLR, J DATED:21/07/2025 BAIL ORDER CRLP.No.6456 of 2025 ALLOWED I-