[3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAJJ THURSDAY ,THE FOURTEENTH DAY OF AUGUST / VK fP% m ,0/ lU- TWO THOUSAND AND TWENTY FIVE V . 3 ‘ ti' U * M ■ ^ :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7117 OF 2025 Between: , Sabu Choothamparambil Deyassy, S/o Devassy, 43 years, C/Christian H.No.8/382,10/433, Choothamparambil, Mulavukad, Vallarpadam Post Ernakulam District, Kerala State. 1 j Petitioner/Accused N0.I 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 affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner / Accused N0.I on bail in connection with Crime No. 38 / 2025 dated. 06.02.2025 Under Sections 8(C) r/w 20 (b) (ii) (C) NDPS Act. on the file of Gandapalli Police Station, East Godavari District. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri K K KOMALAN Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. 2 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.,’) and 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.38 of 2025 of Gandapalli Police Station, Kakinada District 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 06.02.2025 at 3:00 PM, near the road from NT Rajapuram to K. Palapuram at the outskirts of NT Rajapuram, police intercepted illegal possession and transportation of commercial quantity of ganja. The case was reported the same day at 6:30 PM by the Sub-Inspector of Police, Gandepalli Police Station after receiving credible information from SDPO-Peddapuram. In the presence of a Gazetted Officer and mediators, a raid was conducted. Accused A1: Sabu Hoothamparambil Devassy (Driver), along with associates, was caught transporting 359.950 kg of ganja in 18 plastic bags worth Rs.7,99,750/-, from Pamu Sushi Vijay Parama Jyothi, Rajahmundry (source) to Sunil, Apkulam, Kerala (destination) with the assistance of Rangarajan (Helper) for wrongful gain. A case was registered accordingly, and the arrested persons were remanded to judicial custody. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri K.Komalan, the learned counsel for the petitioner submits that 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. the 5. Per contra, Ms. P. Akila Naidu; the learned Assistant Public Prosecutor opposed in granting of bail stating that some more material witnesses have be examined; investigation is not completed; if the petitioner is enlarged bail, he would not be available for the investigation and he would the clutches of law; and urged to dismiss the bail petition. to on escape from 6. As seen from the record, the petitioner was arrested on 06.02.2025. He has been in the judicial custody for the past 189 days. The petitioner found in possession and transportation of 359-950 Kgs of ganja, which is a commercial quantity. After completion of the entire investigation a charge sheet has been filed. The petitioner is the resident of Choothamparambil, Mulavukad, Vallarpadam Post, Ernakulam District, petitioner is enlarged on bail with stringent conditions, he would not flee from the clutches of the law, and interest of the justice would be 7. The learned Assistant Public Prosecutor submits that there adverse antecedents against the petitioner/Accused No.1 and was Kerala State. If the away served. are no no report was 4 filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner upto 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 No.1 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 189 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 petitioner on bail with the following stringent conditions. 10. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioner/A-1 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned Principal Junior Civil Judge-Cum-Judicial First Class Magistrate, Peddapuram. 5 The petitioner/A-1 shall appear before the learned learned Principal Junior Civil Judge-Cum-Judicial First Class Magistrate, Peddapuram, as and when required. II. SDI- K.SRINIVASA RAJU ASSISTANT R^IS^RAR /ecu SECTION OFFICER //TRUE COPY// To, 1. The Principal Junior Civil Judge cum Judicial First Class Magistrate Peddapuram. 2. The Superintendent, Central Prison, Rajahmahendravaram. 3. The Station House Officer, Gandapalli Police Station, East Godavari District. 4. One CC to SRI. K K KOMALAN Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. 6. One spare copy HIGH COURT DR.YLR,J DATED: 14/08/2025 BAIL ORDER CRLP.No.7117 of 2025 ALLOWED , i ■ 7 i 6 MIG a® ^spA\c:0^ o oil CJ- rfl tl> I ■ ■*