APHC010621252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11955/2025 Between: Suresh Chandra Kuleeep Alias Suresh and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. KOPPISETTI PARVATI DEVI 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 Petitioner Nos.1 and /Accused Nos.1 and 2 on bail in Crime.No.236 of 2025 of Rajanagar Police Station, East Godavari District, registered against the Petitioner Nos.1 and /Accused Nos.1 and 2 herein for the offences punishable under Section 20(b)(ii)(C) 2 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, the Petitioner Nos.1 and 2 / Accused Nos.1 and 2 were arrested on the spot when they were allegedly found in possession and transportation of 23.101 kgs of ganja, which is a commercial quantity. There are no similar criminal antecedents reported against the petitioners. No application has been filed seeking extension of the judicial remand of the petitioners before the Trial Court. The petitioners were arrested on 13.06.2025 and have been in judicial custody for the past 186 days. The investigation is not yet completed and the charge sheet has not been filed. So far, six witnesses have been examined and they are all material witnesses. However, despite the expiry of the statutory period, the investigation has not been completed and the charge sheet has not been filed. The Petitioner Nos.1 and 2/Accused Nos.1 and 2 are permanent residents of Kondagunturu Village, Rajanagaram Mandal. They have got fixed abode. 4. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the Petitioner Nos.1 and 2/Accused Nos.1 and 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 3 petitioner upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. 5. Section 36A(4) of ‘the Act’ states that if the investigation is not completed within 186 days, the Petitioner Nos.1 and 2/Accused Nos.1 and 2 have 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. 6. Considering the period of detention undergone by the Petitioner Nos.1 and 2/Accused Nos.1 and 2 in judicial custody for the past 186 days, the nature and gravity of allegation levelled against the petitioners, and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The Petitioner Nos.1 and 2/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned II Additional Judicial First Class Magistrate, Kakinada. ii. The Petitioner Nos.1 and 2/Accused Nos.1 and 2 shall appear before the Station House Officer, Rajanagar Police Station, East Godavari District, 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 Nos.1 and 2/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioner Nos.1 and 2/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future. v. The Petitioner Nos.1 and 2/Accused Nos.1 and 2 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. 4 vi. The Petitioner Nos.1 and 2/Accused Nos.1 and 2 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 or to any police officer. vii. The Petitioner Nos.1 and 2/Accused Nos.1 and 2 shall surrender their passport, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. 7. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.12.2025 KMS 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.11955 of 2025 Date: 17.12.2025 KMS