.. ~''ha .± 1d, rr` I; g?g % FRIDAY, THE THIRD DAY OF OCTOBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CRIMINAL PETITION NO: 10053 OF 2025 Between : Nakka Bhaskara Siva Sai Sa{ya, S/o Venugopl, Age 20 years, Occ: Student (BBM), studying in VSM College, Shjvalayam street, Vebdra Village of Pedapudi Mandalam , E.G. District, Andhra Pradesh. ...Petitioner/Accused No.4 AND State of Andhra Pradesh, Rep. by Public Prosecutor, High Court ofA.P., Amaravati. .. [Respondent/Complainant Petition under section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of criminal Petition, the High Court may be p_leased to enlarge the petitioner/Accused No.4 on bail in crime No.172/2025 of Karapa Police Station, E.G. District, registered for the offence under section 8(c) r/w 20(b) (ii)(B) of NDPS Act; The petition coming on for hearing, upon perusing the petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Srj Kona N.D.V.Ramana Rao, Advocate for the petitioner and Public Prosecutor for the Respondent, the court made the following; ORDER: Heard] Sri Kona N.D.V. Ramana Rao, learned counsel for the petl-tioner/accused No.4 and-the learned public Prosecutor-appearing for the Respondent-State. 1l The Criminal Petition has been filed under sections 480 and 483 of the Bharatl'ya Nagarik Suraksha sanhl'ta, 2023, seeking to enlarge the petitioner/Accused No.4 on bail in Crime.No.172 of 2025 of Karapa Police station, Kakjnada, East Godavari District, registered against the Petitioner/Accused No.4 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and psychotropI'C Substances Act,1985. 2. The case of_the prosecution is that on 20.09.2025 at about 10.-00 A.M., on receipt of credibI6 informatl'on regarding illegal transportation of ganja, the sub-Inspector of police, Karapa Police Station, along with staff and mediators, conducted a raid and found the accused Nos.1 to 4 in possession of GanJ'a and SeI-Zed the contraband of 03.174 kgs of Ganja in a plastic bag fro'm the accused. After recording the confessl'onal statements, the police registered a case in cr.No.172 of 2025 against the accused and arrested them. Hence the FIR. 3. Sri Kona N.D.V. Ramana Rao, learned counsel for the petifiunger/accused Nol4 contends that the pet,-tioner was having o3.174 kgs of Ganja packet and the same is within permissible limits i.e., non- commercial quantity. Learned counsel for the petitioner/accused No.4 also contended that the petitioner is a student and is pursuing ll year of BBM Course`at-VSM College,-Ramachandrapuram. He further invited ~this court to impose conditions, so that the future of the petitioner may not be put to preJ'udiCe. ln the light Of the foregoing SubmiSSiOnS, learned counsel Prays that the present petition be allowed in the interest of justice. 4. On the other hand, the learned public prosecutor contended that though the quantity of the contraband seized is within the permissible limits, the offence which is related to the present crime cannot be omitted as per the ruling of the Hon'ble Apex Court in Sfafe of Kera/a v. Ra/-esh and requested to dI'SmiSS the Present Criminal Petition. 5. The Hon'ble Apex Court in Sfafe of Kera/a v. Ra/-esh7 held as follows: l€17. lt may be noticed that Hashish oil is shown at SI. No.13 in the notification dated 19th October, 2001 issued by the Central Government in exercise of power under Section 2(viia) and (xxiiia) of the NDPS Act. Hashish oil above 1 kg is commercial quantity. 18. The jurisdiction of the Court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. It can be granted in case there are reasonable grounds for believing that accused is not guilty of such offence, and that he is not likely to commit any offence while on bail. It is the mandate of the legislature which' is required to be followed. At this juncture, a reference to Section 37 of the Act is apposite. That provision makes the offences under the Act cognizable and non-bailable. It reads thus:-37. Offences to be cognizable and nan-bailable.(1) Notwithstanding anything containecl in the code of criminal procedure,1973 (2 of 1974), 1 (2020) 12 SCC 122 I-iE (a) every offence punishable under this Act shall be cognizable~, (b) pp pe_rson accused of an offence punishable for [offences under section 19 or s_eLC_ti,P: _21_ ,or se?tion, 27A and_ elso for offences involving commercial quanti{;I shall be released on bail or on his own bond unless (I)_ i_h_e Publi,c Prosecu.tor has been given an opportunity to oppose the application for such release, and (.i!) yh.ere the Public Prosecutor opposes the application, the court is satisfied t!±t_ :here ?r,: r.e.as?nable.__grounds for believing that he is not guilty of s;;h offence and that he is not likely to commit any offence while on bail. (3!_T:!_e_I:,#lt.?flo,ns,pn .prert!rg of bail specified in clause (b) of sub-section (1) a^rse jn^.a!\diti_?_n _to the,.limit?tion3 un!er the Code of Criminal procedure,197i ('2 o,f_ _1_374)_,. or any ?,ther law for the time being in force on grantin6 ;; -b=;I. (emphasis supplied) 1t::T^h_i:,::3L:_rf_hla_? I_a_i? down ProaP parameters to be followed while considering tPe.appI.i?a:ion f_or bail moved by the accus;d involved in offences und;r-iri;-i:s Apt.. ln Ynipn of lnPia Vs. Ram Samujh and ors.1999(9) SCC 429, it has--b=;n e±_b_o_:=fed. as un.der.: 7: lt is_to be borne in mind thit 'the afores=id I;dr;I-;i;;a Ta?gate is reftuired to be adhered to and followed. lt should be born;i; -;;;d t|f_a_i_ir a murder c?se, the €ccused commits murder of one or two person;, -;-h'il-e t!:::L P^:r:S_Or_:,.I.h_O ?re ,Pe?I.ing ,in narcotic drugs are instrume;tal-i-n -;a-;:;;g ?=?th or i.n ipflicting de_at_h-blow to a number of i-nnocent young victims, ;;;-;rae v^urI^ne:able_i!t_:,a::e:, deleteri?us effects_3nd a deadly imiact ;a the so6iety: i-h;y a_r_e_La_,_P:zar,! to the. .society; even if they are rele-ased temporarily: 'in -;ll palr:_b,:_b:_Iif!,. tfiey w?uld. coptinye their nefario_us activities of tr=fficki;i ;;a;;r ?_e,:!i:!~ :,n -I::_3:ic^ants,cia.nd€stinely._ Reason wiay be large stake and ill;g;I-;;;it i:_I_?,Iy=!,. T`P±_9o.ur, _dealing with the conte;tion with regard i; i;;ani:;i;:;i unq.er,:he .ND_PS Act, has succinctly observed about the aiverse efre;i i;;--:-u-;i a^cEti\:it!l=S _I_n_,Purand D-Idler V. Chief Secy., Union Territory of Goa [(1990)-i -:i6 95)] as under: ?f. with_ deep concern, we may. point out that the organised activities of t!=_ __:_n_!erw.orld .apd the cland6stine smuggling of -narcotic drug; -a;d p_:_I:_Potropic .su.bstanc?s into this country and -IIlegal trafficking ;n su;h dr.ups and_ ?_ubstances have led to drug addiction a;ong a sizeaile s;;{ii; ?I the public, particularly the adolescents and students of both sexe: -;nd the mena_ce has assumed serious and alarming proportions in the ;e;;;i years_. TPerefore, in order to effectively control and eradicate {h-iS PrOIi.fe.rating .and booming devastating menace, causing deleterious effe;;s a_nd Pea?!y iylPaCt On_the society as a whole, Parliami;nt in its wisdom, ;;s m_a_!~e_,_el:=?±i_v.e.provi?ions. by introducing this Act 81 of 1985 spe;ifyi-;g mandatory minimum imprisonment and fine. 8. To. ?hppft tfi? menace of dangerous drugs flooding the market, parliament has Provided that the person accused of offences under the NDPS Act should ;ot -ire released on 37l namely| bail during trial unless the mandatory conditions provided in section (I)..t^hLe:en_a_r=_reaS?nable grounds for believing that, the accused is `not guilty of such offence; and (I)^t.!ulat Lh:his_n_Olt I:FeJy to con:mi.i.~apy. offence while on bail are satisfied. The High ??urf, Fas r?i givpn_ any justifiable reason for not abiding by i-hi ;;;r=:oa-ii mPnd?te wPile ordering the release of the respondent-accu-sed-on bail. I;-st-:-ira of attempting to take a ~holistic view of the harmful socio----=;-;-n-;;;c calo^n_s~e_q_u_:_n_c=,: and .Pealth h?za.rds which would accompany trafficking illegally in dna:gerous, dry.gs, .the _court should implement the lavi i; the spirit-wit;-;lhi;i Parliament, after due cleliberation, has amended." 6. For convenience the provisions that are laid down under section 37 of The Narcotic Drugs And Psychotropic substances, Act, 1985, are extracted hereunder: 37. Offences to be cognizable and non-bailable.- (1) Notwithstanding anything contained in the code of criminal procedure,1973 (2 of 1974)I- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offenc; punishable for [offences under section 19 or sectI'On 24 or section 27A and also for offences involving commercl'al quantity] shall be released on bail or on his own bond unless- (i) the public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-s`ectjon (1) are' in addition to the limitations under the code of crI'mI'naI Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.'l 7. In view of the above mandatory provisions and opportunities provl'ded to the learned public Prosecutor, this court I'S Satisfied that the petitl-oner Ei will not commI-I any Offence, if .he iS released On bail, much less, taking into consideration the academic career of the petitioner. lt is also pointed out by the learned counsel for the petitioner and the learned Public Prosecutor that there are-no-other cases of NDPS or any other Criminal Cases that are ~ pending against the petitioner/accused No.4. 8. Considering the submissions made by the learned counsel for the petitioner, this Court is inclined {o enlarge the petitioner/accused No.4 on bail with the following stringent conditions: I'. The petitioner/Accused No.4 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with one surety for the like sum to the satisfaction of the learned Special Judicial First Class Magistrate for Prohibition & Excise, Kakinada. ii. The petitioner/Accused No.4 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 Trial Court. iii. The petitioner/Accused No.4 shall not leave the limits of the District without prior permission from the Station House Officer concerned. `.\ \ iv. The petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.4 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. vi. The petitioner/Accused No.4 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- 9. Accordingly, the Criminal Petition is allowed. Q\. *=.,tir^I.,\€`,-dsife Miscellaneous applications pending, if any, shall stand closed. SD/-M.SRINIVAS //TRUE COPY// ASSISTANT\REGIS . OFFICEP` For To] 1. The Special Junior First Class Magistrate of Prohibition & Excise, Kakinada. 2. The.Superintendent, Sub-Jal'l, Kakinada. 3. The Station House Officer, Karapa Police Station, E.G. District. 4. One CC to Sri. Kona N.D.V.Ramana Rao, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy MM HIGH COURT -tiffiffigivke rfu--i--. --) ±'i a DATED:03/10/2025 ORDER CRLP.No.10053 of 2025 ALLOWED