[3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE SEVENTH DAY OF AUGUST I \--- TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7587 OF 2025 Betwee n : AniI Suresh Machrekar, s/o. suresh, aged abt 42 years, R/o.Kanjara, Aurangabad RLlral, Maharasthra. Petitioner/A2 The State of Andhra ,Pradesh , SHO, Sabbavaram p.s., Visakapatanam, Represented by its public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. AND Respondent PetI'tiOn under Section 437 & 439 of Cr.P.C 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 enlarge the petitioner on Regular Bail in respect tO the Crime No.21/2025 on the file of Sabbavaram Police Station, Viskapatanam . 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 ANAND KUMAR KOCHIRi Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. =- '_, - The Court made the fO[lOWing|. ORDER: Dr. YLR,'J crI.P.No.7587 of 2025 Dclted O7.08.2025 The Criminal Petition has been filed under Sections 437 and 439 of the code of criminal procedure, 1973 (for brev|lty [the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking tO enlarge the Petit'lOner/Accused No.2 on bail in cr.No.21 of 2025 of Sabbavaram Police Station, Anakapalli District, registered against the petitioner/Accused No.2 herein for the OffenCeS punishable under section 20 (b) (ii)(C) read with 8(c) of the Narcot'lc Drugs and psychotropic substances Act, 1985 (for brevity [the NDPS Act'). 2. The case of the Prosecution iS that On 01.02.2025, on receipt of cred-lble information regarding the illegal possession and transportat'lon of ganja, the sub-Inspector of police, sabbavaram Police Station, along with his staff, secured the presence of med'lators, rushed to Marripalem Toll plaza, sabbavaram, and conducted vehicles check-lng. The police noticed one Eicher vehicle coming from Anandapuram towards Anakapalli,I on seeing the police, the vehicle driver attempted tO Stop and reverse the vehicle. The Sub-Inspector of Police apprehended the Accused Nos.1 to 5 and found in their possession 224 KGs of ganja, seized the COntraband under a cover of mediators' report, and arrested them. •- --' 3 I Dr. YLR, J Crl.P.No.7587 of 2025 Dated o7.08.2025 3. Mr. Anand Kumar Kochirj, the learned counsel for the pet,-tI-Oner contends that the petl'tioner is innocent of the alleged offence and has been falsely jmpljcated by the police. lt is further subml'tted that the petl|tioner is the sole earnI'ng member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petl'{I-Oner undertakes to strictly adhere to any condl'tI'OnS that may be I'mPOSed by thI'S Court. In l[-ght of the foregoI'ng, learned counsel prays that the present petition be allowed jn the l'nterest ofJ-uStiCe. 4. Perconfra, Ms.P.Akhila Najdu, the learned Ass[-slant public Prosecutor vehemently opposed the grant of bail to the petjtjoner, submitt]'ng that the jnvestI|gation is still underway and several materI'al WI'{neSSeS remain to be examI'ned. It I'S COntended that jf the petI'tiOner is released on bal'I at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. ln view of the foregoing, it is urged that the petition be dismissed. 5. As seen from the record, the petitioner/Accused No.2 was indulged in transportation and possessI'On Of 224 kgs of ganja. Although it js commercial quantI|ty, the petl'tioner has been languishing in the jairsI-nCe 01.02.2025 onwards. Nearly for the past 195 days he has been in the judI-Cial Custody. The investigatl-ng officer has not filed charge sheet I-n this Case. Mater,-aI portl'on of investI'gatI'On is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of petl'tI'On,er influencing or threatem-ng tl``_ ( 4 Dr. YLR,I crI.P.No.7587 of 2025 Dated 07.08.2025 the witnesses or hampering the investigation may not arise. This Court enlarged Accused No.5 on bail in CrI.P.No.4775 of 2025 v,'de order dated 30.06.2025. This Court enlarged Accused No.1 on bail in Crl.P.No.6545 of 2025 v,-de order dated 31.07.2025. 6. The learned Assistant Public Prosecutor submits that there are nO adverse antecedents against the pet-ltioner/Accused No.2. The learned Assistant Public Prosecutor further Submits that the Petition for extension Of the remand of the petitioner was filed before the learned Trial Court, but the same was dismissed by the learned Trial Court. 7. Section 36A(4) of fthe NDPS Act] states that if the investigation iS not completed with'ln 180 days, the petitioner/accused No.2 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. 8. Considering the Period Of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 195 days, the nature and gravity of allegation levelled against the Petitioner, and his alleged role played in the case, this court is inclined to enlarge the petitioner on bail with the fo][owing str-lngent conditions: i. The petit-loner/Accused No.2 shall be enlarged On bail Subject to he executing a personal bond for a sum of Rs.25,000/- 5 Dr. YLR, J Crl.P.No.7587 of 2025 Dated 07.08.2025 (Rupees Twenty Five Thousand only), with two sureties each for the like sum each to the satisfaction of the learned II Additional Junior civil Judge-Gum-x" Metropolitan MagI-Strafe, Anakapalli. ji. The petitioner/Accused No.2 shall appear before the station House offI'Cer, Sabbavaram police station, Anakapalli DistrI'Ct, On every Saturday in between 10:00 am and o5.loo pm, till cognI-ZanCe iS taken by the learned the Trial Court. iii. The petI'tiOner/Accused No.2 sha" not leave the limI-tS Of the DI'StrjCt Without Prior Permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge in commission Of any offence in future. v. The petI|tiOner/Accused No.2 shall cooEperate ,with the investigating officer in further investI'gatiOn Of the Case and sha" .I , make himself available for interrogation by the I-nvestigating officer as and when required. vi. The petitioner/Accused No.2 shall not, directly or I'ndireCtly, make any inducement, threat or promise td any person acquainted with the facts of the case so as to dissuade him/her from disclosI'ng Such facts tO the COur{ Or tO l'any police officer. vlf. The petitioner/Accused No.2 shall surrender his passport, if any, to the investigatI'ng Officer. If he claims that he does not |1 _=ir,-- 6 Dr- YLR, J CrI.P.No.7587 of 2025 Dated 07.O8.2025 have a passport, he shall submit an affidavit to that effect to the lnvestI'gating Officer. 9. Accordingly, the Criminal Petition is allowed. SD/-G.HELANAIDU; ASSISTANT //TRUE COPY// SECTIO I To, 1. The I Additional District and Sessions Judge-Gum-Special Judge for the Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Sabbavaram P.S., Visakapatanam, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. (by RPAD) 4. One CC to SRI. ANAND KUMAR KOCHIRI Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy HIGH COURT DR.YLR,J DATED : 07/08/2025 BAIL ORDER CRLP.No.7587 of 2025 ALLOWED I-