APHC010334102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6923/2025 Between: KOULURI SYAM KUMAR, S/O. RAMBABU, AGED ABOUT 24 YEARS, R/O. D.NO.34-10-1/1, RASA VEEDHI, GNANAPURAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, PRESENTLY RESIDING AT DURGA NAGAR, LAXMIPURAM, PENDURTHI, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO:6923/2025 ORDER: The Criminal Petition has been filed under 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.156 of 2025 of Pendurthy Police Station, Visakhapatnam District, registered against the petitioner/Accused No.1 herein for the offence punishable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Material averments stemming from the prosecution are that on 26.03.2025 at about 14:30 hours, upon receiving credible information, the complainant, Ch.Swamy Naidu, Sub-Inspector of Police, Pendurthi Police Station, Visakhapatnam along with his staff and the Taskforce Staff, Visakhapatnam City, proceeded to the vicinity of Layout, Opp. Jodugullu, Durga Nagar, Laxmipuram, Pendurthi, Visakhapatnam. At the scene, the police team noticed a male individual attempting to flee upon sighting the officers. He was immediately apprehended with the assistance of the accompanying staff. Upon preliminary questioning, he revealed his identity as Accused No.1, Kouluri Syam Kumar, S/o Rambabu, aged 24 years, Sarabulu by caste, resident of Durga Nagar, Laxmipuram, Pendurthi, Visakhapatnam. He was found in possession of 1.160 Kgs of Ganja (1 packet) and a Vivo Android mobile phone, which were seized under the cover of a mediators' 3 report. Accused No.1 confessed that he had procured the contraband from Accused No.2, Kumbul, resident of Sunki Area, Koraput District, Odisha State (presently absconding). 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Gollapalli Maheswara Rao, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in 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 contra,. Mr.Neelotphal Ganji, 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 it is urged to dismiss the bail petition. 6. As seen from the record, the petitioner/Accused No.1 was indulged in transportation and possession of 1.160 kgs of ganja. It is not commercial quantity, the petitioner has been languishing in the jail since 26.03.2025 onwards, nearly 116 days he has been in the judicial custody. The investigating officer has not filed charge sheet in this case. 4 7. The learned Assistant Public Prosecutor submits that there are no 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 up to one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period, as the alleged contraband is not commercial in quantity. 8. If it is a commercial quantity, the contraband, section 36A(4) of ‘the Act’ states that when 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 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 in view of the period of detention undergone by the petitioner in judicial custody for more than 116 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 personal bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like 5 sum each to the satisfaction of the learned VII Additional Judicial Magistrate of First Class, Viskhapatnam. ii. The petitioner/Accused No.1 shall appear before the Station House Officer, Pendurthy Police Station, Visakhapatnam District, 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 learned VII Additional Judicial Magistrate of First Class, Viskhapatnam. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The petitioner/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.1 shall not, directly or 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. 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. 6 10. Accordingly, the Criminal Petition is allowed. ________________________ Dr.Y. LAKSHMANA RAO, J Dated: 21.07.2025 VTS