IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7759 OF 2025 ! Between: Konta Lakshman Rao @ Lakshman, S/o Late Narayana, aged 34 years, R/o Booruguveedhi Village, Lingeti Panchayat Pedabayalu Mandal District. ^ . ASR ... Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, Andhra Pradesh at Amaravathi. High Court of ...Respondent Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be; pjeased to release the Petitioner/Accused dated; 27.10.2020 Act. on the file of No.2 on bail in connection with Crime No.1091/2020 Under Sections 20 (b) (i) (ii) (c) r/w 8(c) NDPS Chodavaram Police Station, Visakhapatnam District; The petition coming on for hearing the affidavit filed i upon perusing the Petition and - - in support thereof and upon hearing the arguments of Sri K.K.Komalan, Advocate for the Petitioner and Public Prosecutor for the Respondent, 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 n ^ ‘’'1 > 2 Dr. YLR, J Crl.P.No.7759 of2025 Dated 19.08.2025 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Chodavaram Police Station, Visakhapatnam Cr.No.1091 of 2020 of registered against the petitioner/Accused No.2 herein for the District, offences punishable under Section 20 (b) (i), 20 (b)(ii)(C) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). The case of the prosecution is that on 27.10.2020, at about 12.00 2. hours, on receipt of credible informat'on about the illegal possession and transportation of ganja, the Sub-Inspector of Police, Chodavaram Police Station, along with his staff and mediators, rushed to Kothuru Junction Chodavaram Village and Mandal, and conducted vehicle checking. The police noticed three persons, who, on seeing the police, they tried to escape. The police apprehended two of them and found 200 kgs of Ganja, and arrested accused No.1. The present petitioner was shown as accused No.2 based on the confession statement of accused Nos.1 and 3. 3. Sri K.K.Komalan, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. 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 3 Dr. YLR, J Crl.P.No.7759of2025 Dated 19.08.2025 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 interest of justice. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor 4. 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. As seen from the record, the petitioner/Accused No.2 was indulged in possession and transportation of 200.00 kgs of ganja. Although it is a commercial quantity, the petitioner has been languishing in jail since 29.10.2024. Nearly for the past 280 days he has been in judicial custody. Accused Nos.1 and 3 gave statements against the petitioner. The petitioner/Accused No.2 is a permanent resident of Booruguveedhi Village Lingeti Panchayat, Pedabayalu Mandal, ASR District. Against accused Nos.1 and 3 charge sheet was filed, while the petitioner was shown as absconding at the time of filing of charge sheet. Now another charge sheet has to be filed against the petitioner. The material portion of the investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question '%-jm 4 Dr. YLR, J Crl.P.No.7759 of2025 Dated 19.08.2025 of the petitioner influencing or threatening the witnesses or hampering the investigation may not arise. The learned Assistant Public Prosecutor submits that there are no 6. adverse antecedent against the petitioner/Accused No.2 and a petition for seeking extension of remand of the petitioner, but it was dismissed by the learned Trial Court. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 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. 7. 8. Considering the period of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 280 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 following stringent conditions: The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.50,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class I. Magistrate-Cum-Principal Junior Civil Judge, Chodavaram. <■* 5 Dr. YLR, J Crl.P.No.7759 of2025 Dated 19.08.2025 ii. The petitioner/Accused No.2 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.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.2 shall not commit or indulge IV. in commission of any offence in future. The petitioner/Accused No.2 shall cooperate with the V. investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. The petitioner/Accused No.2 shall not, directly or VI. 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. 9. Accordingly, the Criminal Petition is allowed. SDI- P.VINOD KUMAR ASSISTANT^EqiSTRAR //TRUE COPY// il^lCER F SECTION To, 1. The Judicial First Class Magistrate cum Principal Junior Civil Judge Chodavaram. The Superintendent, Centra! Prison, Visakhapatnam. The Station House Officer, Chodavaram Police Station, Visakhapatnam District. One CC to Sri. K.K.Komalan, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy 2. 3. 4. 5. ,6. MM ✓ HIGH COURT Dr.YLR.J DATED:19/08/2025 ORDER CRLP.No.7759 of 2025 ALLOWED