APHC010321302025 fN THE HIGH COURT OF ANDHRA PRADESH |o IviL® AT AMARAVATI THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. CRIMINAL PFTITiniu nQ: fiRi« nc on-..; r • <1. ^ V‘ LAKSHMANA RAO Between: Merugu Sadaiah, S/o Shivaiah, Aged about 46 D.No. 5-55, Kothapalli State. years, Cultivation, R/o. . Esala Takkalapalli, Karimnagar, Telangana ■..Petitioner/Accused No.2 AND The state of Andhra Pradesh, Represented by its Public Prosecutor H|gh Court of Andhra Pradesh at Amaravathi. Through, Station House ff^^er, Specal Enforcement Bureau Station, Prathipadu, East Godavari ...Respondent/Complainant . praying that in the of Criminal Petition, the No 146 nf 900^ r c bridle Na 146 of 2024 of Special Enforcement Bureau Station, Prathipadu East Godavar, D,strict in the interests of justice and impose such other condition Petition under Section 480 & 483 of BNSS circumstances stated in the Memorandum of Grounds High Court may be pleased to Circumstances of the Counsel for the Petitioner: I Counsel for the Respondent: The Court made the following case. Chandra Sekhar llapakurti, Advocate The Public Prosecutor, High Court of order: A.P. APHC010321302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] r. THURSDAYJHE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6618/2025 Between: MERUGU SADAIAH, S/0 SHIVAIAH, AGED ABOUT 46 YEARS. CULTIVATION R/0 D.NO. 5-55, KOTHAPALLI, ESALA TAKKALAPALLI, KARIMNAGAR, TELANGANA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. Through, Station House Officer, Special Enforcement Bureau Station, Prathipadu, East Godavari District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR.J Crl..PNo.6618of2025 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 petitioner/Accused No.2 on bail in Crime No. 146 of 2024 of Special Enforcement Bureau Station, Prathipadu, Kakinada District, registered against the petitioner/Accused No.2 herein for the offences punishable under Section 8(c) read with 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’) 2. The case of the prosecution is that on 14.03.2024 at about 10;00 A.M., on receipt of credible information, the Inspector of Police, Special Enforcement Bureau, Prathipadu, conducted a raid and seized 176.70 Kgs of dry ganja from a goods carrier bearing No. TS 23 T 2056, which was parked in a lorry parking area on Krishnavaram Highway. When A-1 tried to escape from the said lorry, the police caught hold of him, searched the vehicle, found the ganja, and seized the contraband under the cover of a panchanama. 3. Mr.Chandra Sekhar ILapakurti, 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 3 Dr.YLR.J Cn.PNo.6618of2025 Dated 21.08.2025 sole earning member of the family and, therefore, his incarceration 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 iaw. in view of the foregoing submissions, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. As seen from the record, the petitioner/Accused No.2 was indulging in dealing with 176.70 Kgs of ganja, which is not only a commercial quantity but also a colossal quantity. A P.T. Warrant was issued against the petitioner, and he was arrested on 21.03.2025. He has been in judicial custody for the past 150 days. There are two adverse antecedents reported against the petitioner, both being cases registered under ‘the NDPS Act’. The learned Assistant Government Pleader vehemently opposed the grant of bail to the petitioner. This Court is also not satisfied that there are reasonable grounds to believe 6. ^ 4 Dr.YLR.J Crl..PNo.6618 of 2025 Dated 21.08.2025 that the petitioner is not guilty of the said offence and that he is not likely to commit any offence while on bail. 7. Considering the nature and gravity of the allegations levelled against the petitioner, his alleged role played in the case, and the petitioner has allegedly been found in possession of 176.70kgs of ganja, which is a commercial quantity. Accusation against the petitioner is well founded. Statutory period of judicial remand for 180 days is not completed. In this connection, it is relevant 8. to refer the decision of the Hon’ble Apex Court in State of Kerala and Others V. Rajesh and Others^ at para Nos. 18, 19, 20 and 21 held as under: “18. This Court has laid down broad parameters to be followed while considering the application for bail moved by the accused Involved In the offences under the NDPS Act. In Union of India v. Ram Samujh [Union of India V. Ram Samujh, (1999) 9 SCC 429 : 1999 SCC (Cri) 1522] , it has been elaborated as under: “7. It is to be borne in mind that the aforesaid legislative mandate is required to be adhered to and followed. It should be borne in mind that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instrumental In causing death or in inflicting death-blow to a number of Innocent young victims, who are vulnerable; It causes deleterious effects and a deadly impact on the society; they are a hazard to the society; even if they are released temporarily, in all probability, they would continue their nefarious activities of trafficking and/or dealing in intoxicants clandestinely. Reason may be large stake and Illegal profit involved. This Court, dealing with the contention with regard to punishment under the NDPS Act, has succinctly observed about the adverse effect of such activities in Durand Didier v. State (UT of Goa) [Durand Didier v. State (UT of Goa), (1990) 1 SCC 95:1990 SCC (Cri) 65] as under: (SCC p. 104, para 24) ‘24. With deep concern, we may point out that the organised activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have led to drug addiction among a sizeable section of the public. (2020)12 see 122 5 Dr. YLR,J Crl.RNo.6618of 2025 Dated21.08.2025 particularly the adolescents and students of both sexes and the menace has assumed serious and alarming proportions in the recent years. Therefore, in order to. effectively control and eradicate this proliferating and booming devastating menace, causing deleterious effects and deadly impact on the society as a whole. Parliament in its wisdom, has made effective provisions by introducing this Act 81 of 1985 specifying mandatory minimum imprisonment and fine. ’ To check the menace of dangerous drugs flooding the market, Parliament has provided that the person accused of offences under the NDPS Act should not be released on bail during trial unless the mandatory conditions provided in Section 37, namely, there are reasonable grounds for believing that the accused is not guilty of such offence; and that he is not likely to commit any offence while on bail are satisfied. The High Court has not given any justifiable reason for not abiding by the aforesaid mandate while ordering the release of the respondent- accused on bail. Instead of attempting to take a holistic view of the harmful socio-economic consequences and health hazards which would accompany trafficking illegally In dangerous drugs, the court should implement the law in the spirit with which Parliament, after due deliberation, has amended. ” This extract is taken from State of Kerala v. Rajesh, (2020) 12 SCC 122; (2020) 4 SCC(Cri) 147: 2020 SCC Online SC 81 at page 129 The scheme of Section 37 reveals that the exercise of power to grant bail is not only subject to the limitations contained under Section 439 CrPC, but is also subject to the limitation placed by Section 37 which commences with non obstante clause. The operative part of the said section is in the negative form prescribing the enlargement of bail to any person accused of commission of an offence under the Act, unless twin conditions are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application; and the second, is that the court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence. If either of these two conditions is not satisfied, the ban for granting bail operafes.This extract is taken from State of Kerala v. Rajesh, (2020) 12 SCC 122: (2020) 4 SCC(Cri) 147: 2020 SCC Online SC 81 at page 8. (i) (ii) I 19. 129 The expression “reasonable grounds” means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. In the case on hand, the High Court seems to have completely over looked the underlying object of Section 37 that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for.This extract is taken from State of Kerala v. Rajesh, (2020) 12 SCC 122: (2020) 4 SCC(Cri) 147: 2020 SCC Online SC 81 at page 129 We may further like to observe that the learned Single Judge has failed to record a finding mandated under Section 37 of the NDPS Act which is a sine qua non for granting bail to the accused under the NDPS Act. ” 20. 21. 6 Dr.YLR.J CrI.PNo.6618 of 2025 Dated 21.08.2025 9. In view of the law laid down by the Hon'ble Apex Court in Rajesh, Ram Samujh and Durand Didier, the i considered at this juncture inasmuch request of the petitioner cannot be as there are reasonable grounds to believe that the petitioner has not indulged in the commission of the alleged otfence. There are no merits in this case for grant of bail to the petitioner. Hence, the petition is liable to be dismissed. 10. In the result, the Criminal Petition is dismissed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTIO^FFICER To, 1. The JudicialTIrst Class Magistrate, Prathipadu 2. The Superintendent, Central Godavari District. 3. The Station House Officer, Special Enforcement Prathipadu, East Godavari District. 4. One CC to Sri Chandra Sekhar llapakurti. Advocate 5. Two CC’s to the Public Prosecutor, High Court of A.P.[OUT] 6. Three CD Copies East Godavari District. Prison, Rajahmahendravaram, East Bureau Station [OPUC] GPC sree HIGH COURT DATED: 21/08/2025 ORDER CRLP NO. 6618 OF 2025 yo 2 3 SEP 2025 H '5 CutrenI Secuon ^ ^^^^IgSPATCH'S®'^ DISMISSING THIS CRIMINAL PETITION