i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA|t;: * 'I H 4 : *1 i. i r .t H .V r . : % MONDAY ,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8042 OF 2025 vS k ■u I Between: Vanthala Mohana Rao, S/o Nageswara Rao, Age 22 Noothibandha Village, Chintapalli Mandal, ASR District. years, R/o Petitioner/Accused-2 AND The State Of Andhra Pradesh, (Makavarapalem Police Station) Rep. by the Public Prosecutor High Court of Andhra Pradesh Amaravati, Guntur District. 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 him on regular bail in connection with Crime No.27/2025 of Makavarapalem Police Station COUNSEL FOR THE PETITIONER ; SRI. ARRABOLU SAI NAVEEN COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR t THE COURT MADE THE FOLLOWING ORDER 2 Dr. YLR, J Crl.P.No.8042 of2025 Dated 11.08.2025 ^ 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.2 on bail in Cr.No.27 of 2025 of Makavarapalem Police Station, Anakapalli District, registered against the petitioner/Accused No.2 herein for the offences punishable under Section 20 (b) (ii)(C), 25 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 11.02.2025 at about 10.30 hours, at Pydipala Junction, Makavarapalem Mandal, the accused transporting ganja without any license from Gurrala Panukulu on the Odisha border to Delhi and Kolkata via Chinthapalli, Anjali Sanivaram, Palamamidi, Bennabhoopalapatnam, Nindugonda, and Thallapalem. The Sub-Inspector of Police, Makavarapalem Police Station, conducted vehicle checking and arrested Accused Nos. 2, 4, 9, and 10, and found in their possession 515 kgs of ganja, which was seized under the cover of a mediators’ report. 2. were 3 c Dr. YLR, J Crl.P.No.8042 of 2025 Dated 11.08.2025 Mr.Arrabolu Sai Naveen, the learned counsel for the petitionercontend 3. 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 continued 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, 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. it is urged that the petition be dismissed. 5. As seen from the record, the petitioner/Accused No.2 was indulged in transportation and possession of 515.00 kgs of ganja. Although it is commercial quantity, the petitioner has been languishing in the jail since 11.02.2025 onwards. Nearly for the past 180 days he has been in the judicial custody. The investigating officer has not filed charge sheet in this case. Material portion of investigation is completed. All the witnesses of the Dr. YLR, J Crl.P.No.8042 of2025 Dated 11.08.2025 prosecution are official witnesses. Hence, the question of petitioner influencing or threatening the witnesses or hampering the investigation may not arise. ¥ 6. The learned Assistant Public Prosecutor submits that there are no other adverse antecedents against the petitioner/Accused No.2 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. 7. 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. 8. Considering the period of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 180 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; i. The petitioner/Accused No.2 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 each for the like 5 Dr. YLR, J Crl.P.No.8042 of2025 Dated 11.08.2025 sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. 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. I \ 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 in commission of any offence in future. The petitioner/Accused No.2 shall cooperate with the 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 indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her IV. V. VI. from disclosing such facts to the court or to any police officer, vii. The petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not 6 Dr. YLR, J Crl.P.No.8042 of2025 Dated 11.08.2025 r have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petition is allowed. SD/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To The I Additional District & Sessions Judge, Visakhapatnam The Additional Judicial Magistrate of First class, Narsipatnam Visakhapatnam The superintendent. Central Prison, Visakhapatnam The Station House officer, Makavarapalem Police Station One CC to SRI. ARRABOLU SAI NAVEEN Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT] One spare copy 1. 2. 3. 4. 5. 6. 7. HIGH COURT DR.YLR.J DATED: 11/08/2025 BAIL ORDER CRLP.No.8042 of 2025 ALLOWED