j IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIRST DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8308 OF 2025 Between : Maddi Eswara Manikanta, S/o. Yellaji Reddy, aged about 28 years, R/o. D.No.24-199, Prasanthi Nagar, Peddagadili, Arilova, Visakhapatnam, Visakhapatnam District. .|IPetitioner/Accused No.2 AND The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.2 on bail pending disposal of Crime No.35/2025 of Airport P.S., Visakhapatnam District; The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Gollapalli Maheswara Rao, Advocate for the Petitioner and Public Prosecutor for the Respondent, 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 cthe Cr.P.C.I) / Sections 480 and 483 of the BharatI-ya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the Petitioner/Accused No.2 on bail in Crime No.35 of 2025 of Airport Police Station, Visakhapatnam, registered against the Petitioner/Accused No.2 herein for the offences punishable |\`.`` Dr.YLR, I Crl.P.No.8308 of2025 Dated 21.08.2025 under Section 20 (b) (ii)(C) read with 8(c) of'the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity [the NDPS Act'). 2. The case of the prosecution is that on 20.02.2025, the Sub-Inspectorof Police Airport Police Station, on receipt of credible information regarding the illegal possession and transportation of ganja, secured the presence of mediators, and rushed to _NAD Bus stop, towards Gajuwaka, Visakhapatnam. I On reaching the spot the Poll-Ce n4oticed the petitioners with a black color shoulder bag and on seeing the police, they tried to sculk away-. The Sub- Inspector of Police apprehended the petitioners and fou.nd in their possession 3.030 Kgs of Hash Oil was seized them under a mediators' report and arrested them. •\\ ``S. Sri G. Maheswara Rao, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely I implicated by the police. [t 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. ln I-lght of the foregoing, learned counsel prays that the present .petition be allowed in the interest of justice. 4. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed t`Lh.e;.grant of -bail td the petitioner, submitting that the 9p i.-i is=.EE *` Dr.YLR, J Crl.P.No.8308 of2025 Dated 21.08.2025 investigation is still undervay and several material witnesses remain to be examined. lt 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. ln view of the foregoing, I it is urged that the petjtl[on be dismissed. 5. As seen from the record, the petitioner/accused No.2 was allegedly indulged in dealing with 3.030 Kgs of Hash Oil with other accused which is a commercial quantity. The Petitioner was arrested on 20.02.2025. He has been in the judicial custody for the past 180 days. The petitioner is a permanent resident of Peddagadili Arilova, Visakhapatnam. Material witnesses have been examined. All the witnesses are official witnesses. Hence, the question of a petitioner/accused No.2 influencing or threatening the witnesses or hampering the investigation may not arise. I 6. The learned Assistant Public Prosecutor submits that there are no 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 fthe Act] states that if. the i'nvestigation is not completed within 180 days, the petitioner/accused No.1 has an indefeasible v-as-,>-.i---i.`` \\ Z= Dr.VLh Crl.P.No.8308 of 2025 Dated 21.08.2O25 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 specifI-6 reasons for the detention of the accused beyond the I|nitial PerI'Od. 8. Considering the perI'Od Of de{en{iOn undergone by the Petitioner/Accused No.2 in judicial custody for the past 183 days, the nature and gravl'ty of allegation levelled agaI'nS{ the Petitioner, and his alleged role played in the case, this court is incI,ined to enlarge the petitioner on bail with I the following stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on baI-I Subject to he executing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned VII Additional Judicial I Class Magistrate, Visakhapatnam. ii. ii. The petitI-Oner/Accused No.2 shall appear before the I Station House Officer, Airport Police Station, VI-SakhaPatnam, On every Saturday in between' 10:00 am and 05.-00 pm, till cognizance is taken by the learned the Trial Court. iii. The petI-tiOner/Accused No.2 shall not leave the limits o'f the District without prior permission from the station House Officer concerned. iv. The petitI-Oner/Accused No.2 shall not commit or indulge in commission Of any Offence in future. ry.-`l _.-y ~-`` .tr 5 Dr,YLR, J CrI.p.No.8308 of2025 Dated 21.08.2025 v. The petitioner/Accused No.2 shall .cooperate with the investI'gating officer jn further investigat['on of the case and sha" make hI'mSelf avaj[able for interrogation by the investI-gatjng officer as and when requI®red. vi. The petI|tI-Oner/Accused No.2 shall not, directly or I|ndireCtly, make any inducement, threat dr prom]'se to 'any person acquainted with the facts of the case sofas to dissuade him/her i from disclosing such facts to I-he court or to any police officer. vlf. The petitI-Oner/Accused No.2 sha" surrender his passport, jf any, to the investigatI-ng Officer. If he claims that he does not have a passport, he sha" submit an affidavit to that effect to the lnvestigatI-ng Officer. Accordingly, the crI'minal Petition js allowed. SD/-M.SRINIVAS I ASSISTANT f,zi? EGISTRAR //TRUE COPY// SECTION OFFICER For/ To, 1. The VII Additional Judicial I Class Magistrate, Visakhapatnam. 2. The I Additional District & sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, visakhapatnam Dl'strict. 3. The Superintendent, central Jail, Visakhapatnam. 4. The Station House Officer, Airport Police Station, Visakhapatnam District. 5. One CC to Sri. GollapaIIi Maheswara Rao, Advocate [OPUC] 6. Two CCs to Public Prosecutor, Hl'gh Court ofAP [OUT] HIGH COURT Dr.YLR]J DATED:21/08/2025 ORDER CRLP.No.8308 of 2025 ALLOWED