/,;, tJ/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE .-PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7159 OF 2025 Between : [3521 I 1. Hukum Solanki, S/o. Chen Singh, aged about 39 years, R/o. N.713, Graus Barud, Ward No.19, Barud Village, Chhaigaon Makhan Tehsil, East Nimar District, Madhya Pradesh State 2. AniI Solanki, S/o. Hukum Solanki, aged about 19 years, R/o. N.713, Graus Barud, Ward No.19, Barud Village, Chhaigaon Makhan TehsiI, East Nimar District, Madhya Pradesh State Petitioner/Accused AND The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh Respondent/Complainant Petition under section 482 of BNSS (438 of Cr.P.C.,) praying that in the circumstances stated in the affidavit filed in support of the criminal petition, the High Court may be pleased to enlarge the petitioners/Accused No.1, 2 on bail pendI-ng disposal Of Crime No.202/2024 of Ramabhadrapuram p.s., Vizjanagaram District COUNSEL FOR THE PETITIONERS : SRl. ADAPA SUDHAKAR RAO COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER \ -_' Dr.YLR,J CRL.P.No.7159/2025 The Court made the following ORDER: The Criminal PetitI'On has been fI-led under Sections 480 & 483 of the Bhara{iya Nagarik Suraksha Sanhita, 2023 (for brevity t{he BNSSJ) and 437 & 439 of the Code of Criminal Procedure,1973 (for brevity [the cr.p.c), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in Cr.No.202 of 2024 of Ramabhadrapuram Police StatI'On, Vizianagaram District registered against the petitioners/Accused Nos,1 and 2 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 Actj)I 2. The case of the prosecution in nutshell is that, on 12.12.2024 a{ about 09:00 hours at Kottakki Village, Junction, NH-26 Road, Ramabhadrapuram k¢__ MandaI, Accused Nos.1 to 3 were caught by m®"y n® complainan{ that they were l'n possession and transportation of contraband GanJ-a Of 27 Packets Which Weighed about 810 grams in lorry bearing No.MPO9HH7961, Bolero Van bearing No.AP390D9663 and AP39TS7678, which were bought from Orissa State by colluding wI'th Other Accused Nos.4 to 9. Hence, a case was registered. 3. Heard learned counsel for the petitI'Oner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Adapa Sudhakar Rao, the learned counsel for the petitioners submits that the petitioners have not commI|tted any Offence,- Petitioners Were falsely I'mPIi'cated-by the police in the crime; petitioners are the sole ra`r:_rr+a`n:i -+l±: :=g i .S |¢, 3 Dr.YLR,J CRL.P.No.7159/2025 A. breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Percor,fro, Ms. P. Akila Naidu, the learned Assistant PubII'C Prosecutor, opposed in granting of bail stating that the petitioners are the habitual offenders, some more material witnesses have to be examined; investl|gation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law,- and urged to dismiss the bail petI|tiOn. 6. As seen from the record, the petitioners who are natives of Madhya Pradesh State, were arrested on 12.12.2024. The petitioners were arrayed as Accused Nos.1 and 2 and they were allegedly found I-n possession Of 810 kgs of Ganja. The petitioners have been in the judicial custody for the past 221 days. 7. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioners/Accused Nos.1 and 2 and no report Was filed before the learned Court below by the learned public Prosecutor concerned seeking for extension of period ofjudicial custody of the Pe{i{iOner 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 NDPS Act' states that if tha\investigation is not completed within 180 days, the petitioner/accused has an indefe-asible right to bail, unless the Special Court extends the period up to one year on the report i\\ 't 4 Dr.YLR,J CRL.P.No.7159/2025 of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. 9. Considering the nature and gravity of allegation levelled against the petitioners, and their alleged role in the case and the period of detention undergone by the petitioners, this' Court is inclined to enlarge the petitioners on bail w]|th the following stringent conditions: i. The petitioners/Accused Nos.1 and -2s shall be enlarged on bail subject to they executing a bond for a sum of Rs|50,000/- (Rupees fifty thousand only), with two sureties each for the like sum each to the satI'SfaCtiOn Of the learned Special Judge for Trial of Cases under fthe NDPS Act]-Gum-I Additional Sessions Judge, Vizianagaram. ii. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer, Ramabhadrapuram Police Station, vizianagaram, on every saturday in between lO:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.1 and 2 shall not leave the limits of the Dist`rict without prior permission from the learned Special Judge for Trial of Cases under [the NDPS Act'-Gum-I Additional Sessions Judge, Vizianagaram. iv. The`petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future, EI - I - `` 5 Dr.YLR,J CRL_P.No.7159/2025 v. The petitioners/Accused Nos.1 and 2 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 petitioners/Accused Nos.1 and 2 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 petitioners/Accused Nos.1 and 2 shall surrender their passports, if any, to the investigating officer. lf they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. 10. Accord-lngly, the Criminal Petition is allowed. sd/-G. HELA NAIDU ASSISTANT RE //TRUE COPY// EE IE TRAR For ASSISTANT REGISTRAR To, 1. The Special Judge for trial of offenCeS under NDPS Act Gum i Addit-lonal District & Sessions Judge, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam 3. The Station House officer, Ramabhadrapuram P.S., Vizianagaram District 4. One CC to SRl. ADAPA SUDHAKAR RAO Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy \ HIGH COURT DR.YLR,J DATED:21/07/2025 BAIL ORDER CRLP.No.7159 of 2025 ALLOWED