`` I `\.`'\ L~ IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE .- PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7002 OF 2025 \ Between : ( 1. RahuI Rakesh Machare, s/o. Rakesh Machare, aged about 22 years: R/o. Samrat Nagar, Sangali Road, Parvati Gate, KhotwadI' Tardal, Kolhapur, Maharashtra state. 2. SumI't Amit Batunge, s/o. Amit Batunge, aged about 19 years, R/o. Ambap Road, Nagobawadi, VTC Vathar, Tan Vadgaon post, Hatkanangle, Kolhapur, Maharashtra state. Petitioners/Accused Mos. 3 & 4 AND The State ofAndhra pradesh, Rep by its pubII'C Prosecutor, Hl-gh Court of Andhra Pradesh. Respondent /.-- petition under SectI-On 480 and 483 of BNSS praying that in the circumstances stated in the grounds filed in support of the crI-minaI Petition, the High Court may be pleased ±o enlarge the petitioners/Accused No.3, 4 ondr~ bail pending disposal of Crime No.21/2025 of Sabbavaram p.s,, now Anakapalli District. Counsel for the petitioners: sri G. Maheswara Rae Counsel for the Respondents.I public Prosecutor Dr. YLR, J CrI.P.No.7002 of 2025 Dated: ll.08.2025 The Court made the foI]owing= 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.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSSJ), s.eeking to enlarge the petitioners/Accused Nos.3 and 4 on bail in Cr.No.21 of 2025 of Sabbavaram Police Station, Anakapall'l District, registered against the petitioners/Accused Nos.3 and 4 herein for the QffenCeS Punishable under Section 20 (b) (ii)(C) read with 8(c), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act'). 2. The case of the prosecution is that On 01.02.2025, on receipt of credible information regarding the illegal possession and transportation of ganja, the sub-Inspector of police, sabbavaram police station, along with his staff, secured the presence of mediators, rushed to Marripalem Toll Plaza, Sabbavaram, and conducted vehicles Checking. The police noticed one Eicher vehicle coming from Anandapuram towards Anakapalli, on seeing the police, the vehicle driver attempted to stop and reverse the vehicle. The Sub-Inspector of Police apprehended the Accused Nos.1 to 5 and found in their possession 224 KGs of ganja, seized the contraband under a cover of mediatorsJ report, anc! -arrested them. .-```.9 iE 3 Dr. YLR, J Crl.P.No.7002 of 2025 Dclted: ll.08.2025 3. Sri G.Maheswara Rao, the learned counsel for the pe{itl-oners contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that their continued incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present Petition be allowed in the interest of justice. 4. Perconfra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the I'nVeStigatiOn iS Still underway and several material witnesses remain to be examined. It is contended that I-f the PetitI'OnerS are released on baI'I at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing l'nvestigati6n and evading the process of law. ln view of the foregoing, it is urged that the petition be disml'ssed. 5. As seen from the record, the petitioners/Accused Nos.3 and 4 were indulged in transportation and possession of 224 kgs of ganja. AIthough it is commercial quantity, the petitioners have been languishI|ng in the J'ail since 01.02,2025 onwards. Nearly for the past 192 days they have been in the judicial custody. The investigating officer has not fI-led Charge Sheet I|n this case. Material portion of investigation is completed. All the witnesses of the PrOSeCu{l'On are OffiCI-al Witnesses. Hence, the question of petitioners \. '\ 4 Dr. YLR, I Crl.P.No.7OO2 of 2025 Dated: ll.08.2025 influencing or threatening the witnesses or hampering the investigation may not arise. This Court enlarged Accused No.5 on bail in CrI.P.No.4775 of 2025 v,'de order dated 30.06.2025. This Court enlarged Accused No.1 on bail in CrI.P.No.6545 of 2025 v,-de order dated 31.07.2025. This Court enlarged Accused No.2 on bail in Crl.P.No.7587 of 2025 I,,-de Order dated 07.08.2025. 6. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioners/Accused Nos.3 and 4.a The learned Assistant Public Prosecutor further submits that the petition for extension of the remand of the petitI'OnerS Was filed before the learned Trial Court, but the same was dismissed by the learned Trial Court. 7. Section 36A(4) of fthe NDPS Act' states that if the investigation is not completed within 180 days, the petitioners/Accused Nos.3 and 4 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. 8. Considering the perI-Od Of detention undergone by the petitioners/Accused Nos.3 and 4 in judicial custody for the past 192 days, the nature and gravity of al]ega{ion levelled against the petitioners, and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the fo[Iowjng stringent conditions: Z' E=-_. \\\ .I •\. 5 Dr. YLR, I CrI.P.No.70O2 of 2025 Dated: ll.08.2025 i. The petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to they executing a personal bond for a sum of + Rs.10,000/-(Rupees Ten Thousand only), each with two sureties each for the like sum each {o the satisfaction of the learned II Additional Junior Civil Judge-Gum-XII Metropolitan Magistrate, Anakapalli. I'i. The petitioners/Accused Nos.3 and 4 shall appear before the Station House OffI'Cer, Sabbavaram police Station, Anakapalli 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 petitioners/Accused Nos.3 and 4 shall not leave the limits of the District without prior permission from the station House Officer concerned. iv. The petitioners/Accused Nos.3 and 4 shall not commit or indulge in commission of any offence in future. v, The petitioners/Accused Nos.3 and 4 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 requI'red. vi. The petI|tiOnerS/Accused Nos.3 and 4 shall not, directly or indirectly, make any inducement, threat or promise to any person r --`-` a,` `) `\ '> 6 Dr. YLR, J CrI.P.No.7002 of 2025 Dated: ll.O8.2O25 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 petit'loners/Accused Nos.3 and 4 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petition is all'owed. / SD/-B PRASADA RAO ASSISTAN //TRUE COPY// TffiISTRAR For ASSISTANT REGISTRAR To, 1. The ll Additional Junior Civil Judge-Gum-XII Metropolitan Magistrate, Anakapalli 2. The I Addl. District & Sessions Judge- Special .Judge for Trial of Offences under NDPS Act, ViSakhapatnam. 3. The Station House Officer, Sabbavaram P.S, Anakapalli District. 4. . The Superintendent, Central Prison, Visakhapatnam. 5. One CC to Sri GollapaIIi Maheswara Rao, Advocate [OPUC] 6, Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT] 7. One spare copy -'` I'-±,a HIGH COURT DR.YLR, J DATED: ll/08/2025 BAIL ORDER CRLP.No.7002 of 2025 ALLOWED