APHC010688442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13171/2025 Between: PEDAGADA NUKA RAJU ALIAS PALLA NOOKARAJU ALIAS REPULU RAJU, S/O RAMU AGED 36 YEARS, R/0 D.NO. 17-7-4, SALIPETA, KGH DOWN, VISAKHAPATNAM DISTRICT. ...PETITIONER/ACCUSED No.6 AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, Through the SHO, I TownPS, Visakhapatnam District, High Court of Andhra Pradesh at Amravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: GULIPALI SURAJ Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.6 on bail in Crime No.115 of 2025 of I Town 2 Dr.YLR,J Crl.P.No.13171 of 2025 Dated 31.12.2025 Police Station, Visakhapatnam Commissionerate District, registered against the Petitioner/Accused No.6 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 Petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. On perusal of the record, the Petitioner/Accused No.6 is alleged to have dealt with 28 kgs of ganja with the aid of the other accused. The role of the petitioner has come to light based on the confessions of Accused Nos.1 to 5. The petitioner was arrested on 03.07.2025. He has been in judicial custody for the past 181 days. No application was filed seeking extension of the remand of the petitioner beyond 180 days. The period for filing the custodial interrogation before the learned Trial Court is also over. So far, five witnesses have been examined. They are all material and official witnesses. Substantial portion of the investigation with regard to the alleged role played by the petitioner concerned is completed. The petitioner is a permanent resident of Visakhapatnam District. He has got fixed abode. There is a fat chance for the Petitioner to escape from the clutches of law, if he is enlarged on bail. 4. The learned Assistant Public Prosecutor submits that there are five adverse criminal antecedents registered against the petitioner under the provisions of the Indian Penal Code, 1860. Be that as it may, the Petitioner/Accused No.6 is presumed to be innocent until the guilt is proved. 3 Dr.YLR,J Crl.P.No.13171 of 2025 Dated 31.12.2025 The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh1, at para No.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail. The statutory period of 180 days has been completed. The petitioner is in judicial custody beyond the statutory period as contemplated under Section 36A(4) of ‘the NDPS Act’. 5. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.6 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. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the petitioner/Accused No.6, this Court is inclined to enlarge the petitioner/Accused No.6 on bail with the following stringent conditions: i. The petitioner/Accused No.6 shall be enlarged on bail subject to him executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned Chief Judicial Magistrate, Visakhapatnam. ii. The petitioner/Accused No.6 shall appear before the Station House Officer concerned, on every Saturday in 1(2020) 11 SCC 648 4 Dr.YLR,J Crl.P.No.13171 of 2025 Dated 31.12.2025 between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The petitioner/Accused No.6 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.6 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.6 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 petitioner/Accused No.6 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. 7. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 31.12.2025 PRA