APHC010408792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8229/2025 Between: 1.PRASANTA BARIK,, S/O.SUNDAR BARIK, AGED 26 YEARS, R/O.POTRAGUDA VILLAGE,DASAMANTHPUR PANCHAYAT, KORAPUT DISTRICT, ODISHA. 2.SUKANTA KUMAR GAUDA @ SUKANTA GOUD,, S/O.PANA GAUDA, AGE 22 YEARS, R/O BOIPARIGUDA VILLAGE,DASAMATHPUR PANCHAYAT KORAPUT DISTRICT, ODISHA STATE. 3.BASU KHILA @ BASU KHILO,, S/O.DHANIYA KHILLA, AGE 31 YEARS, R/O LENJA VILLAGE,MAHULI, KORAPUT DISTRICT, ODISHA STATE. 4.BATANA HARIJANA,, S/O.SUNDRA HARIJANA, AGE 39 YEARS, R/O TIPAGUDA VILLAGE,DORAGUDA PANCHAYAT, KORAPUT DISTRICT, ODISHA STATE. 5.SUBARNNA HARIZANA,, S/O.SUNADHARA HARIZAN, AGE 29 YEARS, R/O MUKIKUBDHI VILLAGE,DANGARACHI PANCHAYAT, KORAPUT DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court ofA.P., Amaravati, Through Station House Officer, Anakapalli Rural Police Station. ...RESPONDENT/COMPLAINANT 2 Counsel for the Petitioner/accused(S): 1.KOLLI USHA KIRANMAYEE Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR 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 ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.1 to 5 on bail in Crime.No.94 of 2025 of Anakapalli Rural Police Station, Anakapalli District, registered against the petitioners/Accused Nos.1 to 5 herein for the 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. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, Petitioners/Accused Nos.1 to 5 were allegedly involved in possession and transportation of 122 Kgs of Ganja, which is a commercial quantity. Petitioners were arrested on 26.04.2025. They have been in the judicial custody for the past 187 days. The petitioners/Accused Nos.1 to 5 are permanent residents of Koraput District, Odisha. They have got fixed abode. No petition seeking for extension of the remand period of the Petitioners was filed before the learned Trial Court. Within the prescribed 3 period the Investigating Officer has not filed the chargesheet. If they are enlarged on bail with certain stringent conditions, they may not evade the process of law. The statutory period of 180 days has been completed. 4. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioners/Accused Nos.2 to 4 has 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. 5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the petitioners/Accused Nos.1 to 5, this Court is inclined to enlarge the petitioners/Accused Nos.1 to 5 on bail with the following stringent conditions: i. The petitioners/Accused Nos.1 to 5 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Additional XIII Metropolitan Magistrate, Anakapalli. ii. The petitioners/Accused Nos.1 to 5 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. 4 iii. The petitioners/Accused Nos.1 to 5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.1 to 5 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.1 to 5 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 him/her from disclosing such facts to the Court. vi. The petitioners/Accused Nos.1 to 5 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. 6. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.10.2025 VTS