lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6544 OF 2025 Between : 1. Laxmikanta Sisa, S/o. Gopinath, aged about 23 years, R/o. Kamel Village, Parajasahi Street, Tusuba Panchayat, Lamtaput BIock, Koraput District, Odisha State. 2. Bhaktaram Khemundu, S/o. Samya, aged about 48 years, R/o. Hataguda Village, Paduva Block, Koraput District, Odisha State. 3. Biswanath Tangul, S/o. Bignesh Tangul, aged about 22 years, R/o. Pangiput Village, Nandapur BIock, Koraput District, Odisha State. 4. Binod KhiIIo, S/o. Dhanu Killo, aged about 27 years, R/o. Mistiput Village, Koraput Tehsil, Koraput District, Odisha State. 5. Buridi Krishna, S/o. Subbarao, aged about 27 years, R/o. Kularsingh Budingi Village, Panduva Block, Koraput District, Odisha State. 6. Khara Dambarudhar, S/o. Khara Budu, aged about 21 years, R/o. Paduva Village, Paduva BIock, Koraput District, Odisha State. Petitioners/Accused No. 1 to 6 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra 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 Petitioners/Accused No.1 to 6 on bail pending disposal of Crime No.05/2025 of Pach-lpenta P.S., now Parvathipuram Manyam 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. ADAPA SUDHAKAR RAO Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent; The Court made the followinq ORDER: APHCO10317352025 E"HE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (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: 6544/2025 Betwee n : 'Laxmikanta Sisa and others AND The State of Andhra Pradesh Counsel for the Petitioner/accused(S): Adapa Sudhakar Rao *' [3521] ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been fI'led under Sections 437 and 439 of the code of criminal Procedure,1973 (for brevity fthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita,I 2023 (for brevity tthe BNSS'), seeking to enlarge the petitioners/Accused Nos.1 to 6 on bail in Cr.No.05 of 2025 of Pachipenta Police Station, Parvathipuram Manyam, registered against the petit'loners/Accused Nos.1 to 6 herein for the offence punishable under Sections 20(b)(ii)(C), read with 8(c) of the Narcotic Drugs and Psychotropic E= substances Act, 195`5 (for brevity [the NDPS Act'). 2 Dr.YLR, J Crl.P.No.6544 of 2025 Dated 21.07.2025 2. The case of the prosecution is that on 10.01.2025, the Sub-lnspectorof I Police Pachipenta Police Station, on receipt of credible information regarding the illegal possession and transportation of ganja, secured the presence of mediators, and inspected the vehicles. The Sub-Inspector of Police noticed the petitioners in one Bolero car coming from Kotikipenta side, and on seeing the police, they tried {o sculk away. The Sub-Inspector 6f poll-ce apprehended the petitioners and found in their possession 670.825 KGs of Ganja seized them under a mediators' report and arrested them. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. I 4.` Sri Adapa Sudhakar, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they .were falsely implicated in this case; they are sole bread winners of their family; they are ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioners on bail. 5. Per cot,fro, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, submits that the petitioners were found in possession of 670.825 KGs of Ganja, which is a commercial quantity. However, it is submitted that I there are no adverse antecedents against the petitioners, and requested to pass appropriate orders. 6. Perused the record. \ ___ ~1 EE= Dr!.YLR, J CrI.P.No.6544 of 2025 Dated 21.07.2025 7. As seen from the record, the petitioners have been in the judicial custody for the past 192 days. The learned Assistant Public Prosecutor fairly conceded that there are no adverse antecedents against the petitioners. 8. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioners/accused Nos.1 to 6 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 investigatI-On and the specific reasons for the detention of the accused beyond the initial period. 9. Section 36A(4) of [the Act.,J states that if the investigation is not completed within 180 days, the petitioner/accused has an indefeasible right to bail, unless the Special Court extends the period up to one year d+n the report of the publ-lc prosec.utor, indicating the progress of the investigation and spec'lfic reas.ons for the detention of the accused beyond the initial period. *` 10. Keeping into consideration the number of days the Petitioners have 'been in judicial custody, the nature of the allegations levelled against them, and their alleged role in the case, this Court 'ls inclined to enlarge the petitioners on bail with certain stringent conditions. ll. This Court is of the opinion that if certain Stringent COnditiOnS are imposed on the petitioners for securing their presence before the learned Trial Court for trial, the interest of justice would be met. r=-sf 4 Dr.YLR,I Crl.P.No.6544 of 2025 Dated 21.07.2025 12. ln the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/A-1 to A-6 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only), each with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of I Class, Salur. ii. The petitioners/A-1 to A-6 shall appear before the StatI'On House Officer, Pachipenta Police Station, Parvathipuram -Manyam District, on ev£ry Saturday in between 10:00 am and 05:00 pm, till the conclusion of the Trial. iii. The petitioners/ A-1 to A-6 shall not leave the limits of the District without prior permission from the learned Trial Judge. iv. The petitioners/A-1 to A-6 shall not commit or indulge in similar offences in future. v. The petitioners/A-1 to A-6 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. I sD/-M.SRINIV-AS N22=,fisTRA R ASS!STA sr=cTi6N OFFiCFtlR //TRUE COPY// To, 1. The Special Judge for Trial of Offences under NDPS Act-cum-I Additional Sessions Judge, VizI-anagaram. 2. The Judicial Magistrate of I Class, Salur. 3. The Superintendent, Central JaI'l, Visakhapatnam. 4. The Station House Officer, Pachipenta Police Station, Parvathipuram Manyam District. 5. One CC {o Sri. ADAPA SUDHAKAR RAO, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 7. One spare copy JSS HIGH COURT DR.YLR, J DATED:21/07/2025 BAIL ORDER CRLP.No.6544 of 2025 ALLOWED