IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI^^.^ WEDNESDAY, THE EIGHTH DAY OF OCTOBER. TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10271 OF 2025 Between: Padal Daniel, S/o. Bhimana, aged about 20 years, R/o. Chandaka Village, Soput, Deopotangi Post, Koraput District, Odisha State, Presently residing at Burja Village, Pottangi Block, Koraput District, Odisha State. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor,High Court of Andhra Pradesh. ...Respondent Petition under Sections 480 & 483 of BNSS, 2023 (under sections 437 and 439 of Cr.P.C., 1973), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of Crime No.110/2025 of Salur Town P.S., Parvathipuram Manyam District. Counsel for the Petitioner : Sri Adapa Sudhakar Rao Counsel for the Respondent : Ms.Akhila Naidu, Assistant Public Prosecutor The Court made the following 2 Dr. YLR, J Crl.P.No.l0271of2025 ^ Doted 08.10.2025 % The 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.2 on bail in Crime No. 110 of 2025 of Salur Town Police Station, Parvathipuram Manyam District, was registered against the Petitioner/Accused No.2 herein for the offences punishable under Section 20(b)(ii)(C) read with 8 (c) of the Narcotic Drugs and PsychotropicSubstances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: The case of the prosecution is that on 26.08.2025, on receipt of credible 2. information regarding the illegal possession and transportation of ganja, the Sub-Inspector of Police, Salur Police Station, along with his staff and mediators, rushed to B.T. Road, opposite Old BSNL Office Junction, Salur Town, and conducted vehicle checking. The police noticed two persons on a motorcycle coming towards them, and on seeing the police, the persons attempted to escape. The police apprehended the two accused. During the investigation, the accused Nos.1 and 2 disclosed their address particulars and based on their confession statements, the police seized 5.060 kgs of ganja under the cover of a mediator’s report. 3 Dr. YLR, J Crl.P.No.l0271 of 2025 Dated 08.10.2025 CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri.Adapa Sudhakar Rao, learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. It is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to his dependents. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner. It is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of his absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention, and if any condition is imposed while granting the bail. Petitioner would not violate it; and it is urged to allow the Petition. 4. ARGUMENTS OF THE STATE: Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed to grant of bail and prosecution further apprehend that the Petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the Petitioner absconding and evading the due process of 5. 4 Dr. YLR, J Crl.P.No.l0271 of2025 Dated 08.10.2025 law. Given the gravity of the aiiegations and the potential threat to the progress of the investigation, it is submitted that the Petitioner does deserve the discretionary relief of not bailand it is urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the the learned Counsel for both sides. POINT FOR CONSIDERATIOM- arguments advanced by I have perused the entire record. 7. In the light of the case of the learned Counsel for both the sides prosecution and the contentions of the now the point for consideration is; Whether the Petitioner is entitied for grant ofbaii?" ANALYSI.S- 8. As seen from the record, the aiiegation against the petitioner/Accused No.2 is that he the assistance of the other 26.08.2025. He has been i petitioner is a was allegedly indulged in dealing with 5.060 Kgs of ganja with accused. The petitioner in judicial custody for the past 43 was arrested on days. The permanent resident Burja Village, Pottangi Block District, Odisha State, and he has got fixed abode been examined, all of whom investigation, insofar as the petitioner i chances of the petitioner Koraput . So far, five witnesses have are official witnesses. The material portion of the IS concerned, is completed. The threatening the witnesses hampering the 5 Dr. YLR, J Crl.P.No.l0271 of2025 Dated 08.10.2025 investigation, or tampering with the evidence may not arise. The learned Assistant Public Prosecutor submits that there are no adverse antecedents reported against the petitioner. 9. Considering the period of detention undergone by the Petitioner/Accused No.2, the nature and gravity of allegations levelled against the Petitioner, and his alleged role played in the case, this Court is inclined to enlarge the Petitioner/accused No.2 on bail with the following stringent conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Salur, Vizianagaram District. ii. The petitioner/Accused No.2 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. iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. 6 Dr. YLR, J Crl.P.No.l0271 of 2025 Dated08.10.2025 iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused Mo.2 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. V. The Petitioner/Accused No.2 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. 10. Accordingly, the Criminal Petition is allowed. SD/- M.SRINIVAS ASSISTAN■^EpJSTRAR //TRUE COPY// SECTION OFFICER For To, 1. The Judicial Magistrate of First Class, Salur, Vizianagaram District. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Salui Town Police Station, Parvathipuram Manyam District. 4. OneCCto SRI. ADAPA SUDHAKAR RAO Advocate [OPUC] 5. Two CCs Public Prosecutor, A.P. High Court, Amaravati [OUT] 6. One spare copy Cvss HIGH COURT Dr.YLR,J DATED:08/10/2025 BAIL ORDER CRLP.No.10271 of 2025 ALLOWED