I , lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ggr THURSDAY, THE TWENTY FOURTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 7116 OF 2025 ~ Betwee n : 1. Ajith T A, S/o Thangarajan, aged 30 years, R/o Ajith Vi`lasam, Undappara, Thalicode Post, Nadumangal Taluka, Thiruvanathapuram. Kerala State. 2. Amal Suresh, S/o Suresh Kumar, Aged 23 years, PattankolakkaI, Veedunammer, Alappuzha, Kerala State. PetI-tI-OnerS/Accused No. 1 & 5 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. Respondent Petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petitl-on, the High Court may be pleased to release the Petitioners / Accused No.1 and 5 on bail in connection with Crime No.13/2025 dated: 24.01.2025 Under Sections 20 (b) (ii) (C)25 r/w 8(C) NDPS Act. on the file of Narsipatnam Rural Police Station, Anakapallj District., on the file of Parvada Police Station, Visakhapatnam City District. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of sri, K K KOMALAN, Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent; I , \ jj Dr. YLR, J CrI.P.No.7116 of 2025 Dated 24.O7.2025 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.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity tthe' BNSS'), seeking to enlarge the petitioners/Accused Nos.1 and 5 on bail in Cr.No.13 of 2025 of Narsipatnam Rural Police Station, AnakapaIIi District, registered against the petitioners/Accused' Nos.1 and 5 herein for the offences punishabl.e under Section 20 (b) (ii)(C), Section 25 read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity [the NDPS ActJ). 2. 2. The case of the prosecution is that on 24.01.2025 at about 09.00 hours, on receipt of credible information regarding illegal possession of Ganja, the Sub-Inspector of Police, Narsipatnam Rural Police Station, along with his staff and secured the mediators and rushed to Nellimetta Junction and conducted vehicle checking and found two persons coming in a FZ Yamaha Motor Cycle followed by a Kia Car, on seeing the police, the they tried to escape. The Sub-Inspector of Police along with staff apprehended them and found in their possession 205 KGs of Ganja. The Police seized the cot!±ra.rfPand under the cover of mediator's report and remanded to the accused judicial custody. 3 Dr. YLR, I Crl.P.No.7116 of 2025 Dated 24.07.2O25 3. Sri K.K.Komalan, the learned counsel forthe petitioners, submits that the petI-tiOnerS have not committed any Offence; they are falsely I|mPliCated in this case; they are sole breadwinners of their family,I they are ready to abide any conditions to be imposed by this court; and urged to enlarge the petitioners on bail, 4. Per confra, Ms.P.Akila Naidu, the learned AssI'Stant Public Prosecutor, opposed in granting of bail statI'ng that some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investI'gatiOn and they WOuld escape from the Clutches Of law; and it iS urged to dismiss the bail applicatI-On. 5. Perused the record. 6. As seen from the record, the petitioners were indulged in transportation and possession of 205 KGs of Ganja. The petitioners have been languishing in the jail sl'nce 24.01.2025 onwards, nearly 180 days they have been in the judicial custody. 7. The learned Assl-slant Public Prosecutor submits that there is one adverse antecedent against the petitioners/Accused Nos.1 and 5, and no report was filed before the learned Court below by the learned Public I Prosecutor concerned seeking for extension period of judicial custody of a. Q`v-- -:.. ir Dr. YLR, I CrI.P.No.7116 of 2025 Dclted 24.07.2025 the petitioners 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 petitioners/Accused Nos.1 and 5 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. 9. Keeping into consideration the number of days the petitioners have been in judicial custody, the nature a-nd gravity of the allegations levelled against them, stage of the jnv5stigation and their a[]eged role in the case, this Court is inclined to enlarge the petitioners on bail with certain stringent conditions, 10. [n the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.1 and 5 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), each with two ` ,.` 5 Dr. YLR, J Crl.P.No.7116 of 2O25 Dated 24.O7.2025 sureties for the like sum each to the satisfaction of the learned Add-ItiOnal Jud-lciaI F-IrSt Class Magistrate, Narsipatnaml ii. The petitioners/Accused Nos.1 and 5 shall appear before the station House Officer, Narsipatnam Rural Police Station, Anakapalli District, on every Saturday -ln between 10:00 am and 05:00 pm, till the filing of a.harge Sheet. iii. The petitioners/Accused Nos.1 and 5 shall not commit or indulge in similar offences -ln future. iv. The petitioners/Accused Nos.1 and 5 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer aS and When called by him. v. The petitioners/Accused Nos.1 and 5 shall surrender their passports, if any, to the Investigating Officer. lf they claim that they do not have passports, they shall submit an affidavit to the Investigating Officer to the effect. SD/- B.PRASAD RAO //TRUE COPY// ASSISTANT SECTION TRAR ER To, 1. The Additional Judicial First Class Magistrate, Narsipatnam. fpp~~ 2. The Superintendent, Central Prison, Visakhapatnam District. 3. The Station House Officer, Narsipatnam Rural Police Station, j3~- Anakapa[li District. 4. One CC to Sri. K K KOMALAN, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, HIGH COURT DR.YLR, J DATED : 24/07/2025 BAIL ORDER CRLP.No.7116 of 2025 ALLOWED -;,:::. . -:--. `A. ftL CE;; 1 \ ,]uL1\# _-&# tr+ct#Sx££E` L - \