APHC010386862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7880/2025 Between: VANKUDOTH SURESH, S/O. LAKSHMAN, AGED ABOUT 34 YEARS,LALU THANDA VILLAGE OF LAXMIDEVIPALLI MANDAL, BHADRADRI KOTHAGUDEM DISTRICT, TELANGANA STATE, AADHAR NO. 568763559308 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Through Station House Officer Mothugudem Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.7880 of 2025 Dated 04.09.2025 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.3 on bail in Cr.No.73 of 2024 of Moothugudem Police Station, ASR District, registered against the petitioner/Accused No.3 herein for the offences punishable under Sections 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 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 16.10.2024 at about 4:00 p.m., near Daralamma Thalli Temple, on the outskirts of Polluru Village, Mothugudem Panchayati, Chinturu Mandal, an offence occurred and the same was reported at about 5:15 p.m. on the same day. The Sub-Inspector of Police, along with his staff and mediators, rushed to the spot, where Accused No.2 was found attempting to transport 2 kgs of liquid Ganja in two plastic boxes, worth about Rs.5,00,000/-, from Disariguda Village, Malkangiri District, Odisha State, to Bhadrachalam, Telangana State, illegally. The police apprehended Accused No.2 with the assistance of staff 3 Dr. YLR, J Crl.P.No.7880 of 2025 Dated 04.09.2025 and seized 2 kgs of liquid Ganja in two plastic boxes worth Rs.5,00,000/-, and one touchpad mobile phone. A case was registered. Accused Nos.1 and 3 were absconding. 3. Sri Kakumanu Joji Amrutha Raju, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence. 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 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,and it is urged to dismiss the petition. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4 Dr. YLR, J Crl.P.No.7880 of 2025 Dated 04.09.2025 6. As seen from the record, the allegation against the petitioner is that he allegedly indulged in dealing with 2.00 kgs of liquid hashish oil, which is undoubtedly a commercial quantity. The role of Accused No.3 came to light based on the confession of Accused No.2. Accused No.2 has already been enlarged on bail after completion of the statutory period. In this case, the petitioner has been in judicial custody for the past 110 days only. Section 29 of ‘the NDPS Act’ squarely attracts to this case. There is also one adverse antecedent reported against the petitioner. The learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner. This Court is also not satisfied that there are reasonable grounds to believe that the petitioner is not guilty of the said offence or that he is not likely to commit any offence while on bail. 7. Considering the nature and gravity of the allegations levelled against the petitioner, his alleged role played in the case, and the petitioner has allegedly found in possession of 2.00 Kgs of liquid hashish oil, which is a commercial quantity, this Court is not inclined to grant bail at this juncture. 8. Accusation against the petitioner is well founded. Statutory period of judicial remand for 180 days is not completed. In this connection, it is relevant 5 Dr. YLR, J Crl.P.No.7880 of 2025 Dated 04.09.2025 to refer the decision of the Hon’ble Apex Court in State of Kerala and Others v. Rajesh and Others1 at para Nos.18, 19, 20 and 21 held as under: “18. This Court has laid down broad parameters to be followed while considering the application for bail moved by the accused involved in the offences under the NDPS Act. In Union of India v. Ram Samujh [Union of India v. Ram Samujh, (1999) 9 SCC 429 : 1999 SCC (Cri) 1522] , it has been elaborated as under: “7. It is to be borne in mind that the aforesaid legislative mandate is required to be adhered to and followed. It should be borne in mind that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instrumental in causing death or in inflicting death-blow to a number of innocent young victims, who are vulnerable; it causes deleterious effects and a deadly impact on the society; they are a hazard to the society; even if they are released temporarily, in all probability, they would continue their nefarious activities of trafficking and/or dealing in intoxicants clandestinely. Reason may be large stake and illegal profit involved. This Court, dealing with the contention with regard to punishment under the NDPS Act, has succinctly observed about the adverse effect of such activities in Durand Didier v. State (UT of Goa) [Durand Didier v. State (UT of Goa), (1990) 1 SCC 95 : 1990 SCC (Cri) 65] as under: (SCC p. 104, para 24) ‘24. With deep concern, we may point out that the organised activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have led to drug addiction among a sizeable section of the public, particularly the adolescents and students of both sexes and the menace has assumed serious and alarming proportions in the recent years. Therefore, in order to effectively control and eradicate this proliferating and booming devastating menace, causing deleterious effects and deadly impact on the society as a whole, Parliament in its wisdom, has made effective provisions by introducing this Act 81 of 1985 specifying mandatory minimum imprisonment and fine.’ 8. To check the menace of dangerous drugs flooding the market, Parliament has provided that the person accused of offences under the NDPS Act should not be released on bail during trial unless the mandatory conditions provided in Section 37, namely, (i) there are reasonable grounds for believing that the accused is not guilty of such offence; and (ii) that he is not likely to commit any offence while on bail are satisfied. The High Court has not given any justifiable reason for not abiding by the aforesaid mandate while ordering the release of the 1(2020)12 SCC 122 6 Dr. YLR, J Crl.P.No.7880 of 2025 Dated 04.09.2025 respondent-accused on bail. Instead of attempting to take a holistic view of the harmful socio-economic consequences and health hazards which would accompany trafficking illegally in dangerous drugs, the court should implement the law in the spirit with which Parliament, after due deliberation, has amended.” This extract is taken from State of Kerala v. Rajesh, (2020) 12 SCC 122: (2020) 4 SCC(Cri) 147: 2020 SCC OnLine SC 81 at page 129 19. The scheme of Section 37 reveals that the exercise of power to grant bail is not only subject to the limitations contained under Section 439 CrPC, but is also subject to the limitation placed by Section 37 which commences with non obstante clause. The operative part of the said section is in the negative form prescribing the enlargement of bail to any person accused of commission of an offence under the Act, unless twin conditions are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application; and the second, is that the court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence. If either of these two conditions is not satisfied, the ban for granting bail operates. This extract is taken from State of Kerala v. Rajesh, (2020) 12 SCC 122: (2020) 4 SCC(Cri) 147: 2020 SCC OnLine SC 81 at page 129 20. The expression “reasonable grounds” means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. In the case on hand, the High Court seems to have completely over looked the underlying object of Section 37 that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for. This extract is taken from State of Kerala v. Rajesh, (2020) 12 SCC 122: (2020) 4 SCC(Cri) 147: 2020 SCC OnLine SC 81 at page 129 21. We may further like to observe that the learned Single Judge has failed to record a finding mandated under Section 37 of the NDPS Act which is a sine qua non for granting bail to the accused under the NDPS Act.” 9. In view of the law laid down by the Hon’ble Apex Court in Rajesh, Ram Samujh and Durand Didier, the request of the petitioner cannot be considered at this juncture inasmuch as there are reasonable grounds to believe that the petitioner has not indulged in the commission of the alleged offence. There are no merits in this case for grant of bail to the petitioner. Hence, the petition is liable to be dismissed. 7 Dr. YLR, J Crl.P.No.7880 of 2025 Dated 04.09.2025 10. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 04.09.2025 RSI 8 Dr. YLR, J Crl.P.No.7880 of 2025 Dated 04.09.2025 101 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7880 of 2025 Date:04.09.2025 RSI