13521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE i .PRESENT: \ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 11895 OF 2025 9/ m -a i '£ Between: Shiva Prasad Mishal, S/o.Raghunath Misal.Aged about 27 Z.A.Colony.Malkanjiri, Odisha-764045. years, R/o.F/31, Petitioner/Accused-1 AND The State of Andhra Pradesh, Through Station House Officer,Prohibition Excise Station,Nellore-ll, SPSR Nellore DistrictRep., by its Public Prosecutor,High Court at Amaravathi. and Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioners on bail in Crime No. 101/2025 on the file of the Prohibition & Excise Station, Nellore-ll, SPSR Nellore District in the interest of justice. &483 COUNSEL FOR THE PETITIONER : SRI. P NAGENDRA REDDY COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER , 2 J Dr.YLRJ Crl.RNo.11895 of 2025 Dated 02.12.2025 .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.1 on bail in Crime No. 101 of 2025 of Prohibition & Excise Station, Nellore-ll, SPSR Nellore District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). The learned counsel for the petitioner submits that no petition filed for extension of the remand before the learned Trial Court. The learned Assistant Public Prosecutor submits that there is no information about filing of the petition seeking for extension of the remand. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 2. 3. 4. On perusal of the record, the allegation against the petitioner/Accused No.1 is that he was allegedly indulged in dealing with 48.00 Kgs of ganja, which is a commercial quantity. The petitioner was arrested on 05.06.2025. He has been in judicial custody for the past 182 days. No application has been filed before the learned Tria{-4royrt seeking extension of the remand of the petitioner beyond 180 days. Though the petitioner was allegedly indulged in 3 Dr.YLRJ Crl..PNo.11895of2025 Dated 02.12.2025 dealing with commercial quantity of ganja, he has been in judicial custody beyond 180 days of the statutory period. The petitioner is a permanent resident of Z.A. Colony, Malkanjri, Odisha State. He has got fixed abode. So far, seven witnesses have been examined. They are ail official and material witnesses. Substantial portion of the investigation with respect to the alleged role played by tbe petitioner is completed. Chances of threatening the witnesses and tampering with the evidence or hampering the investigation may not arise. No charge sheet has been filed within the statutory period of 180 days. If certain stringent conditions are imposed for enlarging him on bail, no prejudice would be caused to the investigation. 5. 6. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.1 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. 7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions. , 4 Dr. YLR.J Crl.RNo.11895 of 2025 Dated 02.12.2025 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i.The Petitioner/Accused No.1 shall be enlarged on bail subject to he executing bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class for Trial of Prohibition and Excise, Nellore. ii. The Petitioner/Accused No.1 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till fling of the charge sheet. iii. The Petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.1 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 vt/hen required. „ 5 Dr.YLR.J Crl..PNo.11895 of 2025 Dated 02.12.2025 vi. The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducenient, 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. SD/- N.NAGAMMA ASSISTANT^EGISTRAR //TRUE COPY// SECTION OFFICER F To, 1. The Special Judicial Magistrate of First Class for Trial of Prohibition Excise, Nellore 2. The Superintendent, District Jail, Nellore 3. The Station House Officer,Prohibition and Excise Station,Nellore-ll, SPSR Nellore District 4. OneCCto SRI. P NAGENDRA REDDY Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.PrOUT] 6. One spare copy and / / HIGH COURT DR.YLR.J DATED:02/12/2025 BAIL ORDER CRLP.No.11895 of 2025 ALLOWED