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2025 DAILYLAW 53233 (AP)

Korra Satti Babu alias Sathish v. The State of Andhra Pradesh

CRLP/9957/2025 · 2025-11-20

Y Lakshmana Rao

body2025

Judgment text

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APHC010507322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9957/2025 Between: KORRA SATTI BABU ALIAS SATHISH, S/O KORRA MADHUSUDHAN RAO, AGE 29 YEARS, R/ODUMBBAGUDA VILLAGE, VANABANGI PANCHAYAT, PEDABAYALU MANDAL, ALLURISEETHA RAMA RAJU DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Judicature of Andhra PradeshAt Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.9957 of 2025 Dated 21.11.2025 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.1 on bail in Crime No.130 of 2025 of Prohibition & Excise, Paderu Police Station, Alluri Sitha Rama Raju District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(c) 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. 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. 4. On perusal of the record, the petitioner was alleged to have indulged in dealing with 385 Kgs of Ganja. Undoubtedly, it is a commercial quantity and a colossal quantity. The petitioner was arrested on 12.05.2025. He has been in the judicial custody for the past 193 days. The petitioner is a permanent resident of Dumbbaguda Village, Vanabangi Panchayat, Pedabayalu Mandal, Alluri Seetha Rama Raju District. He has got fixed abode. If he is enlarged on 3 Dr.YLR,J Crl.P.No.9957 of 2025 Dated 21.11.2025 bail, he may not evade the process of law. So far, 7 witnesses are examined, they are all official witnesses. Substantial portion of the investigation with respect to the alleged role played by the petitioner concerned is completed. Chances of threatening the witnesses, and tampering 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. 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. 6. 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. 7. 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.1,00,000/- (Rupees One Lakh only), with three sureties for the like 4 Dr.YLR,J Crl.P.No.9957 of 2025 Dated 21.11.2025 sum each to the satisfaction of the learned Judicial Magistrate of First Class, Paderu. 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 filing of the charge sheet. iii. The Petitioner/Accused No.1 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.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 when required. vi. The Petitioner/Accused No.1 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 21.11.2025 RSI/PRA 5 Dr.YLR,J Crl.P.No.9957 of 2025 Dated 21.11.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9957 of 2025 Date: 21.11.2025 RSI/PRA