IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE ; PRESENT: THE HONOURABLE DR UUS^TICE Y. LAKSHMANA RAO CRIMINAL PETITldN NO: 10459 OF 2025 Between: Chintam Sathish @ Sathish Kumar, S/o Late Srinivasa Rao, aged about 35 Years r/o D.No.32-22-1942, 8th Lane, Kakumanuvari Thota, Vasantarayapuram, Near Burial Ground, Guntur Petitioner/Accused No.2 AND The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court of A.P. Amaravati, through Inspector Of Police, Nallapadu, Guntur.. Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.2 on bail in connection with Crime No.592 of 2025 on the file of Nallapadu Police Station, Guntur Counsel for the Petitioner: Sri Subba rao Korrapati Counsel for the Respondent: Public Prosecutor THE COURT MADE THE FOLLOWING ORDER 2 ORDER: This criminal petition has been filed, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner- accused No. 2 on bail in crime No. 592 of 2025 of Nallapadu Police Station, Guntur District, registered for the offence punishable under Section 8 (c) read with Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'), on the allegation of the petitioner had indulged in dealing with 18.10 Grams of Methylenedioxymethamphetamine. Heard learned counsel for the petitioner-accused No. 2 and learned Assistant Public Prosecutor appearing for the respondent-State. 2. The allegation against the petitioner-accused No. 2 is that he paid an amount of Rs.41,500/- through PhonePe to accused No. 1 for procuring 18 Grams of Methylenedioxymethamphetamine. No doubt, the said quantity is a commercial quantity. The contraband was seized from the possession of accused No. 1 who is a photographer. The petitioner-accused No. 2 is a cable worker. The petitioner was arrested on 07-06-2025. He has been in judicial custody for the past 132 days. 3. 4. At the time of arrest of accused Nos. 1 and 2, the provisions of Section 50 of the NDPS Act with respect to search and seizure in the presence of either gazetted officer or magistrate was not complied with. No reason, let alone a plausible or convincing reason, has been assigned for not securing the presence of a gazetted officer at the time of conducting personal search of the petitioner. It is not the case of the investiaati officer that the alleged inn , 3 place of detention of the offence is in a remote, deserted or otherwise inaccessible location. The investigating officer also failed to produce the petitioner immediately before learned magistrate concerned after search and I seizure. The alleged place of detqntioh is situated within the city limits of Guntur, where a sufficient number of gazetted officers and magistrates, whether or executive or judicial side, are readily available. The provisions of the NDPS Act are draconian in nature. Therefore, they have to be interpreted in stricto sensu. In certain circumstances, non-compliance of the provisions of Section 50 of 'the NDPS Act', vitiates the entire case. So far, five witnesses are examined. They are all official witnesses. Material portion of investigation insofar as the alleged role played by the petitioner is concerned is completed. The petitioner is permanent resident of Guntur. He has got fixed abode. Period for custodial interrogation is also completed. Of course, the source. from where accused No. 1 had allegedly procured the commercial quantity of Methylenedioxymethamphetamine from accused No. 3, is to be ascertained. Considering the facts and circumstances of the case and the nature and 5. gravity of allegations levelled against the petitioner-accused No. 2, this Court is inclined to enlarge him on bail with the following stringent conditions; (i) The petitioner-accused No. 2 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of learned Judicial I Class Magistrate & Special Mobile Magistrate, Guntur; 4 The petitioner-accused No. 2 shall not cause any threat, inducement or promise to the prosecution witnesses; The petitioner-accused No. 2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer; The petitioner-accused No. 2 shall not leave the limits of State of Andhra Pradesh without the express permission (iii) (iv) from the Station House Officer concerned; and The petitioner-accused No. 2 shall appear before the (V) Station House Officer concerned on every Saturday between 10 a.m. and 5 p.m. till filing of charge sheet. The criminal petition is accordingly allowed. 6. SDI- K.SRINIVASA RAJU ASSISTANTffiEGJSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial First Class Magistrate & Special Mobile Magistarte, Guntur 2. The Superintendent, Central Jaii, Guntur 3. The Station House Officer, Nallapadu Police Station, Guntur 4. One CC to Sri Subba Rao Korrapati, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] HIGH COURT DR.YLR, J DATED: 16/10/2025 BAIL ORDER CRLP.No.10459 of 2025 ALLOWED