APHC010410702025 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: 8268/2025 Between: 1. BUKKE MOHAN LAL NAIK, S/O. BUKKE NARAYANA NAIK, AGED ABOUT 21 YEARS, R/O. D.NO. 103/44-1, AL COLONY, BUGGALETIPALLI VILLAGE, CHINTHAKOMMADINNE MANDAL, YSR (KADAPA) DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, Through Proh 86 Excise Station, Proddatur High Court of Andhra Pradesh at Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 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.,’) and under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.4 on bail in Cr.No.65 of 2025 of Prohibition and Excise Police Station, Proddatur, Kadapa District registered against the petitioner/Accused No.4 herein for the offence punishable under Section 8(c) r/w 20(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution in nutshell is that on 07.07.2025 at about 3.30 p.m., the Prohibition & Excise inspector, Proddatur along with staff and mediators conducted raids and found Accused Nos.1 to 4 in possession of 1200 grams of dried ganja and arrested them and seized the ganja, motor cycle and cell phones from their possession under the cover of panchanama. Upon that a crime was registered vide F.I.R.No.65 of 2025 on the file of Proh & Excise Station, Proddatur for the alleged offences under section 8 (c) r/w 20 (b) (ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 and arrested the accused on 07.07.2025 and produced him before the Hon'ble II Additional Judicial Magistrate of First Class, Proddatur for remand. The above said allegations are all false and the petitioner is seeking bail on the following grounds. A case was registered accordingly, and the arrested persons were remanded to judicial custody. 3 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Shaik Mohammed, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioner is arrested on 07.07.2025 on the ground that he was allegedly in possession of transporting of 31 grams of Ganja. Nearly for the past 31 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 prosecution are official witnesses. Hence, the question of petitioner influencing or threatening the witnesses or hampering the investigation may not arise. 7. Keeping in view of the period of detention undergone by the petitioner in judicial custody, the nature and gravity of allegation levelled against the 4 petitioner, and he alleged role in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions. 8. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioner/Accused No.4 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned II Additional Judicial First Magistrate, Proddatur. ii. The petitioner/Accused No.4 shall appear before the Station House Officer, Prohibition and Excise Police Station, Proddatur, Kadapa, 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.4 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.4 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. 5 vi. The petitioner/Accused No.4 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 them from disclosing such facts to the court or to any police officer. 8. Accordingly, the Criminal Petition is allowed. ________________________ Dr. Y. LAKSHMANA RAO, J Dt:14.08.2025 SCH 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8268 of 2025 Date: 14.08.2025 SCH