APHC010478932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9531/2025 Between: 1. JAGADISH KHARA ALIAS KORRA JAGADESH, S/O BHALAL KHARA ALIAS BALAYYA, AGE 28 YEARS, C/ST POORJA,BANNERUGHATTA ROAD, KALKERI ANEKAL,BENGALURU, KARNATAKA STATE, NOW AT KANAKARAIPUDA VILLAGE,GUNTUVADA POST, CHITRAKONDA THANE, MALKANGIRI DISTRICT ODISHA STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent/complainant: 1. The Court made the following: 2 ORDER: This criminal petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner- accused No. 1on bail in crime No. 27 of 2023 of ChinturuPolice Station, Alluri Sitharama Raju District, registered for the offence punishable under Section 8 (c) read with Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act'). CASE OF THE PROSECUTION: 2. On23-04-2023 at about 4.30 p.m., opposite to Chintur Police Station, accused Nos. 2 and 3 were found and arrested while they were in possession of 21 K.Gs. of Ganja. CONTENTIONS OF LEARNED COUNSEL FOR THE PETITIONER: 3. Sri B.Rama Shankar Rao, learned counsel for the petitioner, submits that the petitioner is innocentand has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime.It is contended that the petitioner is the sole breadwinnerofhis family and his arrest would cause undue hardship and prejudice to the dependents of the petitioner. The petitioner undertakesto abide by any condition that this Court may impose while granting bail to the petitioner. 4. Learned counsel for the petitioner submits that based on the confession of accused Nos. 2 and 3, accused No. 1 was falsely implicated in this case. Investigation is completed. Charge sheet has also been filed. It is further submitted that the petitioner has permanent place of residence and there is no 3 likelihood of him absconding or evading the process of law.The petitioner has cooperated with the investigation so far and assurescontinued cooperation in future proceedings.It is also urged that the allegations are of a nature that do not warrant custodial interrogation, and if any condition is imposed while granting the bail, the petitioner would not violate it; and it is urged to allow the petition. ARGUMENTS OF THE STATE: 5. Per contra, Sri NeelothpalGanji, learned Assistant Public Prosecutor, strenuously opposed the grant of bail, contending that the investigation is still underway and several material witnesses yet to be examined.It is submitted that enlargement of the petitioner on bail at this stage would seriously hamper the progress of the investigation and may result in non-cooperation from the petitioner. The prosecution further apprehends that the petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice.It is also urged that there exists a real and imminent risk of the petitionerabsconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the integrity of the investigation, it is submitted that the petitioner doesnot deserve the discretionary relief of bailand it is urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the arguments advanced by learned counsel for both sides.I have perused the entire record. 4 POINT FOR CONSIDERATION: 7. In the light of the case of the prosecution and the contentions of learned counsel for both sides, now the point for consideration is: “Whether the petitioner is entitled for grant of bail?” ANALYSIS: 8. The allegation against the petitioner-accused No. 1, on perusal of the record, is that he along with accused Nos. 2 and 3 had indulged in dealing with possession and transportation of 21 K.Gs. of Ganja. It is a commercial quantity. The petitioner-accused No. 1 was arrested on 29-07-2025. He has been in judicial custody for the past 58 days. Charge sheet, on completion of investigation, has been filed on 12-08-2025 and sessions case number is awaited. In State of Madhapradesh v. Kajad1, the Hon'ble Apex Court held that liberal approach should not be adopted in cases covered under Section 37 of 'the NDPS Act' while deciding an application seeking for bail under the provisions of 'the NDPS Act'. 9. In State of Kerala and Others v. Rajesh and Others2, the Hon'ble Apex Court, at para Nos. 18 to 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, 1 (2001) 7 SCC 673 2(2020)12 SCC 122 5 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 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 6 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.” CONCLUSION: 10. 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 indulged in commission of the alleged offence. There are no merits in the petition and the same is liable to be dismissed. 11. The criminal petition is accordingly dismissed. _______________________ Dr.Y.LAKSHMANA RAO, J. Date:24-09-2025, JSK 7 HONOURABLE Dr.JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION No. 9531 OF 2025 DATE: 24-09-2025 JSK