lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl FRIDAY, THE EIGHTEENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 6887 OF 2025 Between : Krishna Kumar @ Kishan, S/o. Prabhuram, Age 20 years, R/o. Navapura Village , BinamaI Mandal, Jalore District, Rajasthan. PetI-tiOner/Accused-AI AND The State of A.P., Rep. By its Public Prosecutor, High Court of at Amaravathi, Through Station House Officer, I-Town Police Station, NTR District. Respondent/Complainant Petition under Section 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 Petitioner on Regular Bail accused in Crime No.9/2025 filed U/s 8 (c), R/w 20 (b) (ii) (C) of the NDPS Act 1985 in I-Town P.S, Vijayawada on 21-01-2025. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon. hearing the arguments of Sri. DEVASRI ROSHAN KANCHARLA Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER: APHCO10332262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juriscliction) FRIDAY, THE EIGHTEENTH DAY OF JuLY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6887/2025 [3521] Between : KRISHNA KUMAR ALIAS KISHAN, S/0. PRABHURAM AGE 20 YEARS, R/O.NAVAPURA VILLAGE, BINAMAL MANDAL, JALORE DISTRICT, RAJAST HAN ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court of at Amarava{hi Through Station House Officer, I-Town Police Station, NTR District. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to enlarge the Petitioners on Regular Bail accused in Crime No.9/2025 filed U/s 8 (c), R/w 20 (b) (ii) (C) of the NDPS Act 1985 in I-Town P.S on 21-01-2025 and pass such Counsel for the Petitioner/accused: DEVASRI ROSHAN KANCHARLA Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made-the following ORDER: The Crinlinal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSSJ), seeking to enlarge the petitioner/Accused No.1on bail in Cr.No.09 of 2025 of I Town \\- I. +- 2 Dr_YLR,J Crl.P.No.6887/2025 police station, vijayawada city, registered against the petitioner/Accused No.1 herein for the offence 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 in nutshell iS that On 21.01.2025, the Inspector of police along with the mediators and Staff found a Swift D zire car bearing No.GJ 05 JQ4115. ln the back trunk of the Car, the POliCe found three large bags, which smelled like ganja. When the police examined a bag, it was written as l{varun feeds quality products S.V. Special plastic fertilizers bag" and when they opened the bag, there were 12 small bundles packed with brown coloured plaster. The plastic bag contained 12 packets of ganja which weighed about 29.940 grams. The police checked second bag that iS blue colour dustbin garbage bag and fertilizer plastic bag] and found 15 small bundles packed with brown colour plaster which weighed about 32.64O grams without bag. when the police opened the third bag that is while colour plastic bag, they found 20 small bundles packed with brown COIOur Plaster Which weighed about 44.640 grams with bag and 42.800 grams without bag. when the police opened the dash board of the car, they found petitioner]s Aadhaar card, PAN card, Minerva Grand tax invoice bills. As observed through cc, camera, it was seen two persons coming on Splendor motor cycle bearing No.AP 39 BY 4997 who opened the trunk Of the Car and carried two bags on the cart. During theinvestiga{ion, the two Persons Were identified as Krishna Kumar/petitioner herein and Arjun The Police seized the _,,.i,1 3 Dr.YLR,J Crl.P.No.6887/2025 ganja weighI'ng 101 kilo grams, car bearing No.GJ 05 JQ 4115 and registered a Case. 3. Heard learned counsel for the petI-tiOner and the learned Assistant PublI'C Prosecutor. Perused the record. 4. Ms. Devasri Roshan Kancharla, the learned counsel for the petitioner submits that the petl'tioner has not committed any offence; petitioner was falsely implicated by the poll-Ce I-n the Crime; Petitioner iS the sole breadwinner,- petitioner would abide by any conditions to be imposed by this court,- and urged to allow the petition. 5. Per cot,ira; Ms. P. Akhila Naidu, the 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 petitioner is enlarged on bail, he would`not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioner/Accused No.1was indulged in transportation and possession of 101 kgs of ganja. AIthough I't iS commercial quantity, the petitioner has been languishing in the jail since 21.01.2025 onwards, nearly 178 days he has been in the judicial custody. The investigating officer has not filed charge sheet in this case. 7. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner/AccusecI No.1, and no report .was '~try Dr.YLR,J crl. p_No.6887/2025 filed before the learned court below by the learned Public Prosecutor concemed seeking for extension period of judicial custody of the petitioner upto one year by '[ndicating the progress of investigation and the specif'lc reasons for the detention of the accused beyond the initial period. /A-~' 8. Section 36A(4) of tthe Act' states that if the investigation iS not completed within 180 days, the Petit-lOner/accused has an indefeaSible right tO bail7 unless the Special Court extends the Period uP tO One year On the report of the public prosecutor, ind-lcating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. 9. Keeping in V-lew Of the Period OfdetentiOn undergone bythe Petitioner in iud-lcial custody for more than 178 days, the nature and gravity Of allegation levelled against the petitioner, and his alleged role in the case, this court is inclined to enlarge the pet-ltioner on bail with the following Str-lngent COndit'lOnS: i. The petitioner/Accused No.1 shall be enlarged On bail Subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees fiftythOuSand Only), With two Sureties each for the like sum each to the satisfaction of the learned special Judge for trial of fthe NDPS Act] cases-Gum-ll Additional District & Sessions Judge, Vijayawada. ii. The petitioner/Accused No.1 shall appear before the station House Officer, I Town Police Station, Vijayawada, on 5 Dr_YLR,J Crl.P.No.6887/2025 every Saturday in between 10:00 am and o5:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petI-tiOner/Accused No.1 shall not leave the limits of the District without prI-Or Permission from the learned Special Judge for trI'al Of NDPS Act cases-Gum-lI Additional DistrI-Ct & Sessions Judge, Vijayawada. iv. The petitI'Oner/Accused No.1 shall not commit or indulge in commission Of any Offence in future. v. The petitI-Oner/Accused No.1 shall 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 petitioner/Accused No.1shall not, directly or i'ndirec{ly, make any I-nduCement, 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 petitioner shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a Passport, he shall submit an affidavit to that effect to the Investigating Officer. 10. Accordingly, the criminal petition is allowed. //TRUE COPY// SD/-G.liELANAIDUI ASSISTANT z3E~G`lSTRAR fZE3±EEESSJl 3L + To, 1. The Special Judge for Trial of the NDPS Act cases-Gum-II Additional District & Sessions Judge, Vijayawada. 2. The Superintendent, Central Jail, Nellore. 3. The Station House Officer, I Town Police Station, Vijayawada. 4. One CC to Sri. DEVASRI ROSHAN KANCHARLA, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS HIGH COURT DR.YLR, J DATE D : 18/07/2025 BAIL ORDER CRLP.No.6887 of 2025 ALLOWED _ .