APHC010381512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7870/2025 Between: KORRA CHINRANJEEVI ALIAS KORRA VARUN, S/O KORRA ASU, AGED 35 YEARS, ST-KONDU, CULTIVATION, PEDDAKONDA VILLAGE, LUWASINGI POST, KORAPALLI PANCHAYATH, G.MADUGULA MANDAL, ASR DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF A P, rep. by its Public Prosecutor, the High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SIMHACHALAM KARUKOLA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 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 BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.3 on bail in Crime No.108 of 2024 of Koyyuru Police Station, Alluri Sitharamaraju District registered against the petitioner/Accused No.3herein 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 18.02.2025 at about 09.30 hours on receipt of reliable information about illegal transportation and possession of ganja, the police officials along with mediators rushed to Kakarapadu junction, at the Church on the way to Rajavommangi and found one person standing by the side of the road and he tried to ran away on seeing the police party. The police caught hold of the said person, who is the petitioner herein and seized 202 Kgs of ganja from his possession under the cover of a mediators’ report. The police arrested the petitioner and registered an FIR. During the investigation, the accused was apprehended and remanded to judicial custody on 18.02.2025. 3. Mr.K.Simhachalam, the learned counsel for the petitionercontends that the petitioner is innocent of the alleged offence and has been falsely 3 implicated by the police. It is further submitted that petitioner/Accused No.3 is permanent resident of G.Madugula Mandal of ASR District, Andhra Pradesh and undertakes to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further submits that the petitioner was arrested on 18.02.2025 and he has been in the judicial custody for allegedly indulged in 202 Kgs of ganja transportation and possession and it is urged to enlarge the petitioner/Accused No.3 on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that the material portion of investigation is completed and the ganja seized from the possession of the petitioner is commercial quantity, and urged to dismiss the bail application. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioner/Accused No. 3 is that he has allegedly indulged in transportation and possession of 202 Kgs of ganja which is commercial quantity. The petitioner was arrested on 18.02.2025 and he has been in the judicial custody for the past 181 days. The petitioner has fixed abodes. The charge sheet has not yet been filed. However, material witnesses have been examined by the Investigating Officer. All the witnesses are official witnesses. Therefore, the apprehension of the petitioner threatening the witnesses or hampering the investigation may not arise. 4 7. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.3 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 herein 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.3has an indefeasible right to bail, unless the Special Court extends the period upto 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. Considering the nature and gravity of the offence and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioner/Accused No.3 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Chinthapalli. ii. The petitioner/Accused No.3 shall appear before the Station House Officer, Koyyuru Police Station, on every Saturday 5 in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.3 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 petitioner/Accused No.3 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 petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. 10. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.08.2025 KA 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7870/2025 Date: 18.08.2025 KA