IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE : : PRESENT: ; THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10251 OF 2025 Between: Panghi Chinnarao @ Pangi Chinnarao, S/0 Nimmeswarrao, Aged SSyears, Maredupalle Village, Kimudupalli Panchayat, Pedabayalu Mandal Alluri Sita Rama Raju District. Petitioner/Accused-5 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, Through the SHO,Prohibition Excise PS, Paderu, Alluri Sita Rama Raju District, HighCourt of Andhra Pradesh at Amravati. \ Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 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 Petitioner/Accused No.5 on bail in FIR No. 106 of 2025 of Prohibition 8i Excise Police Station, Paderu, Alluri Sita Rama Raju District 23-04-2025 the terms and conditions on COUNSEL FOR THE PETITIONER : SRI. PANGI RAJU BABU COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER r 2 Dr. YLR,J Crl.P.No.l0251 of 2025 Dated 05.11.2025 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/Accused No.5 on bail in Crl.M.P.No.2190 of 2025 in Crime.No.106 of 2025 of Prohibition and Excise Station, Paderu, on the file of the learned / I Additional District and Sessions Judge-Cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, registered against the petitioner/Accused No.5 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’). Heard the learned counsel for the petitioner and the learned 2. Assistant Public Prosecutor. Perused the record. As seen from the record, the allegation against the 3. petitioner/Accused No.5 is that he was spot arrested having in possession of 23 Kgs of Hashish Oil, which is a commercial quantity. The learned Assistant Public Prosecutor submits that the Investigating Officer has not fftedThe charge sheet so far. The petitioner was arrested 3 Dr. YLR, J Crl.P.No.l0251 of 2025 Dated 05.11.2025 on 24.04.2025. He has been in the judicial custody for the past 195 days. The petitioner is a permanent; resident of Maredupalle Village, Kimudupalli Panchayat, Pedabayalu Mandal, ASR District. He has got fixed abode. If he is enlarged on bail with certain stringent conditions, he may not evade the process of law. The statutory period of 180 days has been 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. 5. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.5 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. 4 Dr. YLR,J a Crl.P.No.10251 of 2025 2 Dated 05.11.2025 ' 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the petitioner/Accused No.5, this Court is inclined to enlarge the petitioner/Accused No.5 on bail with the following stringent conditions: i. The petitioner/Accused No.5 shall be enlarged bail subject to he executing a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with three sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate at Paderu. on ii. The petitioner/Accused No.5 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The petitioner/Accused No.5 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.5 shall not commit indulge in commission of any offence in future. V. The petitioner/Accused No.5 shall not, directly indirectly, make any inducement, threat or promise to or or 5 Dr. YLR, J Crl.P.No.10251 of2025 Dated 05.11.2025 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.5 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. / / SD/-U.SRI DEVJ DEPUTY REGISTRAR SECTK^^FICER //TRUE COPY// To 1. The Judicial First Class Magistrate at Paderu 2. The Superintendent, Central Prison, Visakhapatnam 3. The Station House officer,Prohibition Excise PS, Paderu, Alluri Sita Rama Raju District 4. One CC to SRI. PANGI RAJU BABU Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.PfOUT] 6. One spare copy HIGH COURT DR.YLR,J DATED:05/11/2025 BAIL ORDER CRLP.No.10251 of 2025 u 5 HQ\I ALLOWED o I i 3c: CP m 0<9 \S2- ★