IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PR:ESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7469 OF 2025 Between: S Naveen Kumar, S/o Sundarsh Aged 30 Years, C/ST, Korcha, Kumbarapeta, Taluk Kolar District Petitioner/Accused-8 AND The State of Andhra'Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) 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 on bail in Cr.No. 46/2025 Jaggampeta Police, Station East Godavari COUNSEL FOR THE PETITIONER ‘ MS KOPPISETTI PARVATI DEVI COUNSEL FOR THE RESPONDENT ; PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER 2 Dr. YLR, j Crl.P.No.7469of2025 Dated 02.09.2025 % 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.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.8 on bail in Cr.No.46 of 2025 of Jaggampeta Police Station, East Godavari District, registered against the petitioner/Accused No.8 herein for the offences 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 is that on 04.03.2025 at 02.30 P.M. , on receipt of credible information regarding illegal possession and transportation of Ganja, the Sub-Inspector of Police, Jaggampeta Police Station, along with his staff and mediators rushed to plot No. 1596, Jagananna Colony, Jaggampeta Village, and found eight persons in suspicious circumstances. On seeing the police, the said eight persons tried to escape. Then, the police apprehended them and on enquiry, they disclosed their identity particulars and the police found 492 KGs of Ganja in their possession. The police seized the contraband, arrested the accused and remanded them to judicial custody. 3. Ms.T.Rajeswari the learned counsel, representing Ms.Kopisetti Parvathi Devi, the learned counsel for the petitioner, contends that the 3 Dr. YLR, J Crl.P.No.7469 of2025 Dated 02.09.2025 petitioner is innocent of the alleged offence and has been falsely implicated by It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the the police. interest of justice. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage. there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner/Accused No.8 was allegedly indulged in dealing with 492 kgs of ganja, which is not only a commercial quantity but also a colossal quantity. The petitioner has been languishing in jail since 04.03.2025. Nearly for the past 180 days he has been in judicial custody. The petitioner/Accused No.8 is a resident of Korcha, Kumbarapeta, 4 Dr. YLR,. Crl.P.No.7469 of 2025 Dated 02.09.2025 Taluk Kolar District. The material portion of the investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigation may not arise. This Court in Crl.P.No.8515 of 2025 vide order dated 28.08.2025, granted bail to Accused No.5. 7. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.8 and no report was 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 NDPS Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.8 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. Considering the period of detention undergone by the petitioner/Accused No.8 in judicial custody for the past 180 days, the nature and gravity of allegations levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: 9. 5 Dr. YLR, J Crl.P.No.7469 of 2025 Dated 02.09.2025 f i. The petitioner/Accused No.8 shall be enlarged on bail subject to he executing a bond for a sum of Rs.1,00,000/- (Rupees lakh only), with two sureties for the like sum each to the satisfaction of the learned Principal Junior Civil Judge-Cum- Judicial Magistrate of First Class, Peddapuram. The petitioner/Accused No.8 shall appear before the Station House Officer concerned 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.8 shall not leave the limits of the District without prior permission from the Station House Officer concerned, iv. The petitioner/Accused No.8 shall not commit or indulge in commission of any offence in future. The petitioner/Accused No.8 shall surrender his passport, if any, to the investigating officer. If he claim that he does not have passport, he shall submit an affidavit to that effect to the investigating officer; and vi. The petitioner/Accused No.8 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. one II. \ V. 10. Accordingly, the Criminal Petition is allowed. SD/- G.HELANAIDU ASSISTANT R^ISTRAR //TRUE COPY// SECTION OFFICER For/ To, 1. The Principal Civil Judge (Junior Division) -cum-Judicial Magistrate of First Class, Peddapuram 2. The Superintendent, Central Prison, Rajahrnundry 3. The Station House officer, Jaggampeta Police, Station East Godavari 4. One CC to MS KOPPISETTI PARVATI DEVI Advocate [OPUC] 5. Two CCS to PUBLIC PROSECUTOR, High Court of A.P[OUT] 6. One spare copy \ HIGH COURT DR.YLR,J DATED:02/09/2025 \ BAIL ORDER CRLP.No.7469 of 2025 fl O \\ ALLOWED -\5StP®S pj ^5PATC#^ Hue Ac:>