APHC010396282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8014/2025 Between: 1. PRAKASH JOTHIPAS, S/O JOTHIPAS, AGED ABOUT 29 YEARS R/O.NO 55, PERUMAL KOVILO THERU STREET, VARUSANADU VILLAGE, ANDIPATTYTHALUKA, THENI DISTRICT, TAMILNADU STATE -625579. 2. CHALLA RAVINDHRA PRASAD, S/O RAMBABU AGED ABOUT 49YEARS THILAK ROAD. RAJAMAHENDRAVARAM TOWN, EAST GODAVARI DISTRICT. ANDHRA PRADESH ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Dr.YLR, J Crl.P.No.8014_2025 Dt; 14.08.2025 The Court made the following: 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 petitioners/Accused Nos.2 and 3 on bail in Crime no.27 of 2024 of Donkarai Police Station, ASR District registered against the petitioners/Accused Nos.2 and 3 herein 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 20.12.2024 at 4.30 PM, on Seeleru-Mothugudem road at Police check post opposite to Donkarai Police Station, the Sub Inspector of Police, apprehended the petitioners herein while they were in illegal possession of 40 Kgs of ganja in two gunny bags. The police seized the ganja under the cover of a mediatornama and registered an FIR. During the investigation, the accused were apprehended and remanded to judicial custody on 20.12.2024. 3. Mr.K.Neelakanteswara Rao, the learned counsel for the petitionerscontends that the petitionersare innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that petitioner No.1 is permanent resident of Theni District of Tamilnadu State and petitioner No.2 is permanent resident of Rajamahendravaram of East Godavari District, 3 Dr.YLR, J Crl.P.No.8014_2025 Dt; 14.08.2025 Andhra Pradesh and undertake to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further submits that the petitionerswere arrested on 20.12.2024 and they have been in the judicial custody for allegedly indulged in 40 Kgs of ganja transportation and possession and it is urged to enlarge the petitioners/Accused Nos.2 and 3on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that the material part of investigation is completed and the ganja seized from the possession of the petitioners is commercial quantity, and urged to dismiss the bail application. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioners/Accused Nos.2 and 3 is that they have allegedly indulged in transportation of 40 Kgs of ganja which is commercial quantity. The petitioners were arrested on 20.12.2024 and they have been in the judicial custody for the past 234 days. The petitioners have 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 petitioners threatening the witnesses or hampering the investigation may not arise. 7. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioners/Accused Nos.2 and 3 and no 4 Dr.YLR, J Crl.P.No.8014_2025 Dt; 14.08.2025 report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioners/Accused Nos.2 and 3 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 petitioners/Accused Nos.2 and 3 have 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. 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 petitioners/Accused Nos.2 and 3shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only), each with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram. ii. The petitioners/Accused Nos.2 and 3shall appear before the Station House Officer, Donkarai Police Station, on every 5 Dr.YLR, J Crl.P.No.8014_2025 Dt; 14.08.2025 Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.2 and 3shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.2 and 3shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.2 and 3shall cooperate with the investigating officer in further investigation of the case and shall make themselvesavailable for interrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.2 and 3shall 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 petitioners/Accused Nos.2 and 3shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 14.08.2025 KA 6 Dr.YLR, J Crl.P.No.8014_2025 Dt; 14.08.2025 7 Dr.YLR, J Crl.P.No.8014_2025 Dt; 14.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8014/2025 Date: 14.08.2025 KA