■ [3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE rPR^ENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO | CRIMINAL PETITION NO: 9589 OF 2025 .^1 y Sv. n \\ •y ■i .1 T ^ j #• 5?’ Between: Suraj Narayan Padhy, S/o.Padma Navh Padhy, Aged 46 years Balimela, Orkal Post, Balimela, Malkangiri, Odissa State. 1 Petitioner/Accused No.1 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. Respondent/Complainant Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), 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 Petitioner/Accused No.1 on bail in Crime No. 7/2022 of Donkarai Police Station, East Godavari. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri KADIYAM NEELAKANTESWARA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following: 1 0' APHC010487692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO thousan’d and twenty five PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9589/2025 Between: Suraj Narayan Padhy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: ...RESPONDENT/COMPLAINANT The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ' seeking to enlarge the Petitioner/Accused on bail in Crime No.7 of 2022 of Donkarai Police Station, East Godavari District was registered against the Petitioner/Accused herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of The BNSS 2 the Narcotic Drugs and Psychotropic Substances Act, 1985^ on the allegation of petitioner/Accused was allegedly indulged in dealing with 7950 Kgs of ganja. 2. Heard the learned counsel fo|^ the petitioner and the learned Assistant Public Prosecutor. Perused the record.' 3. The allegation against the petitioner is that he was allegedly found in possession of 1950 Kgs of ganja. Undoubtedly it is a commercial quantity. However, the contraband was not seized from the possession of the petitioner. The petitioner was arrested on 17.04.2025. He has been in the judicial custody for the past 183 days. So far nine witnesses are examined. Substantial portion of the investigation in relation to the alleged role played by the petitioner is concerned is completed. 4. The learned Assistant Public Prosecutor submits that no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the Petitioner/Accused 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. ^The NDPS Act 3 The learned Assistant Public Prosecutor further submits that there are 6. two adverse antecedents similar in nature reported against the petitioner. Mere pendency of the adverse antecedents is not a ground to deny the request for grant of bail inasmuch thq petitioner in all those cases presumed to be innocent until the guilt is proved. The Hon’ble Apex Court In Prabhakar Tewari v. State of Uttar Pradesh^ at para No.7 observed that criminal similar adverse antecedents cannot be basis for refusal of bail. The petitioner is permanent resident of Orkal Post, Balimela, Malkangiri, Odissa State. He has got fixed abode. Therefore, the possibility of the petitioner tampering with evidence, threatening witnesses, or hampering the investigation does not arise. 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations leveled against the petitioner/Accused, this Court is inclined to enlarge the petitioner/Accused on bail. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused shall be enlarged on bail subject to he executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) with two sureties for the like sum each to the satisfaction of the learned Judicial I Class Magistrate, Rampachodavaram. ii. The Petitioner/Accused shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. ^ (2020) 11 see 648 4 X iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused shall not commit or indulge in commission of any offence in future. V. The Petitioner/AccusedI 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. vi. The Petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit affidavits to that effect to the Investigating Officer. .. / Sd/-N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial First Class Magistrate, Rampachodavaram. 2. The I Additional District & Sessions Judge, Rajamahendravaram 3. The Special Sessions Judge for Trial of the Cases under the Narcotic Drugs and Psychotropic Substances Act 1985-cum-l Additional Sessions Judge: East Godavari District: Rajamahendravaram 4. The Superintendent, Central Prison, Rajahmundry 5. The Station House Officer, Donkarai Police Station, East Godavari 6. One CC to SRI. KADIYAM NEELAKANTESWARA RAO Advocate [OPUC] 7. Two CCs to Public Prosecutor, High Court of AP [OUT] 8. One spare copy KJ f — » KJ HIGH COURT DR.YLR,J DATED: 17/10/2025 BAIL ORDER CRLP.No.9589 of 2025 ALLOWED