APHC010336222025 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: 6963/2025 Between: PASUPULETI GIRIBABU, S/O. MADHAVULU, 40 YRS., D.NO. 20/125, KOTHAVEEDHI, GATE PUTTUR, PUTTURTOWN, TIRUPATI DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, , Rep by its Public Prosecutor High Court of Andhra Pradesh at Amaravati Through The Station House Officer Chillakur Police Station, Tirupati District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.G KUMAR YADDLAPALLI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO:6963/2025 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.3 of 2025 of Chillakur Police Station, Tirupati 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. Material averments stemming from the prosecution are that on 07.01.2025 at about 14:00 hours, on receipt of credible information, the Sub- Inspector of Police, Chillakur Police Station, along with his staff and mediators, conducted vehicle checking at Kota Cross Road. During the course of the operation, the accused A-1 to A-4, who were travelling from Gudur towards Chennai in two vehicles (Toyota Etios bearing Reg. No. AP39UE5352 and Mahindra Bolero bearing Reg. No. TN18BY3187), attempted to evade police interception by diverting towards Kota Road. They were pursued and apprehended near Ramalayam temple at Kadivedu Centre. Upon examination, it was revealed that the accused Nos.1 to 4 were in possession of 72 kilograms of contraband Ganja, packed in 36 packets, allegedly sourced from accused No.5 and accused No.6 of Tuni, East Godavari District, and intended for delivery to accused No.7 and 8 at Gummudipoondi, Thiruvallur District, 3 Tamil Nadu, for monetary gain. The contraband and vehicles were seized in the presence of mediators under due panchnama proceedings. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri G.Kumar Yaddlapalli, 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 72 kgs of ganja. Although it is commercial quantity, the petitioner has been languishing in the jail since 07.01.2025 onwards, nearly 193 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/Accused No.1, and no report was filed before the learned Court below by the learned Public Prosecutor 4 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. 8. Section 36A(4) of ‘the Act’ 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 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 193 days, the nature and gravity of allegation levelled against the petitioner, the fact that charge sheet is not yet filed even after completion of statutory period, 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.50,000/- (Rupees fifty thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Gudur. ii. The petitioner/Accused No.1 shall appear before the Station House Officer, Chillakur Police Station, Tirupati District, 5 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 Additional Judicial Magistrate of First Class, Gudur. 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. 10. Accordingly, the Criminal Petition is allowed. ________________________ Dr.Y. LAKSHMANA RAO, J Dated: 21.07.2025 VTS 6