APHC010419372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8580 OF 2025 Between: Maddela Gopi, S/o.Krishna Mohan Rao, aged about 34 R/o.D.No.21-550-1 Machilipatnam. years, Lakshmanaraopuram, Dimmala Centre, ...Petitioner/Accused-1 AND The State of A.P., Rep. by its Public Prosecutor, High Court at Amaravati. Through Station House Officer, Vuyyuru Rural Police Station, Krishna District. ...Respondent Petition filed under Section 438 of Cr.P.C/Section 482 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner anticipatory bail in the event of his arrest in Crime No.83 of 2025 on the file of Vuyyuru Rural Police Station, Krishna District, dated 31-07-2025 for alleged offences under Sections 8 (c) r/w Sec.20 (b) (ii) (c) of NDPS Act. on lA NO: 1 OF 2Q2fi Petition under Section 438 of Cr.P.C/Section 482(1) of BNSS. 2023 praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to enlarge the petitioner bail in the event of his arrest in Crime No.83 of 2025 on the file of Vuyyuru Rural Police Station, Krishna District, dated 31-07-2025 for under Sections 8 (c) r/w Sec. 20 (b) (ii) (c) of NDPS Act. Counsel for the Petitioner: Sri Challa Ajay Kumar Counsel for the Respondent: Assistant Public Prosecutor The Court made the following: on interim alleged offences f APHC010419372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8580/2025 Between: .Maddela Gopi ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Challa Ajay Kumar Counsel for the Respondent/complainant: 1. The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, ,2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.83 of 2025 of Vuyyuru Rural Police Station, Krishna District, registered for the alleged offences punishable under Sections 20 (b) (ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 Dr.YLR, j Crl.P.No.8580 of 2025 Dated 20.08.2025 The case of the prosecution is that, on 31.07.2025 at about 21.00 hours, at Bujji Gardens, the incident occurred and 2. was reported on the same day at 22; 15 hours. During the said operation. Accused No.2 apprehended while in illegal possession of contraband Ganja. mediators report was duly prepared in the presence of mediators, under which 1.115 kgs of Ganja, valued at f5,557/-, and one mobile phone were seized from Accused No.2 after conducting a lawful search. The said seizure was duly attested by the mediators, and the seized was A property was handed over to the undersigned for further action. It is further revealed that one Gopi, who is also involved in the same illegal activity, managed to escape from the scene, and his role in the offence is yet to be established. 3. Sri Challa Ajay Kumar, the learned counsel for the petitioner contends 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, he is ready to abide any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioner. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the 3 Dr.YLR, J Crl.P.No.8580 of 2025 Dated 20.08.2025 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 pre-arrest bail, 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. Heard the learned counsel for the petitioner and the learned 5. Assistant Public Prosecutor. Perused the record. As seen from the record, the petitioner/Accused No.1 had 6. allegedly attempted to implicate his own wife in an NDPS case, which misfortune was detected through the confession of Accused No.2. Indulging in offences under the provisions of ‘the NDPS Act.,’ itself is serious, and further attempting to falsely implicate another person, more particularly his own wife, is an act even more heinous than direct involvement in such an offence. In this connection, it is relevant to refer to the decision of the 7. Hon’ble Apex Court in State of Kerala and Others v. Rajesh and Others^ wherein it was held that anticipatory bail is not maintainable in cases arising under the NDPS Act. In view of the above, there are no merits (2020)12 see 122 4 Dr.YLR^, Crl.P.No.8580 of 2025 Dated 20.08.2025 for grant of pre-arrest bail to the petitioner. Further the Hon’ble Apex Court in Anarul SK v. State of West Bengal in CrI.A.No. 12621 of 2024 dated 19.09.2024 at para No.4 observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDOS) is a very serious issue and directed the State to consider as to whether it proposes to file an application for the cancellation of bail granted to the other accused. Hence, the Criminal Petition is devoid of merit and is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. However as per the request of the learned counsel for the petitioner, liberty is granted to the petitioner to surrender before the learned Jurisdictional Magistrate concerned within one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned Jurisdictional Court concerned. The learned Jurisdictional Court concerned shall make endeavour to dispose of the said application accordance with law, on its own merits by giving due opportunity of hearing to the Public Prosecutor concerned, and pass appropriate in orders within a reasonable time, preferably in two (02) days. Sd/- M PRABHAKAR RAO ASSISTANT REC^STRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Vuyyuru Rural Police District. 2. One CC to Sri Challa Ajay Kumar, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT] 4. Two CD Copies Station, Krishna BSV sree i HIGH COURT DATED:20/08/2025 ORDER CRLP NO. 8580 OF 2025 ^ 0 2 SEP 2025 iSCijjTentSecti^^ DISMISSING THE CRIMINAL PETITION