APHC010594522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11474/2025 Between: 1.ANASURI SHIVA, S/O. APPARAO, AGED 32 YEAR, R/O.D.NO..L-75- LOA, DHOBICOLONY, WARD NO. 1, TUNI, KAKINADA DISTRICT, AADHAR NO. 906174087092 ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, ,Rep. by its Public Prosecutor,High Court of Andhra PradeshAt Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 20231seeking to enlarge the Petitioner/Accused No.8 on bail in Crime No.224 of 2023 of Muvvalavanipalem 1 the BNSS 2 Police Station, Visakhapatnam City, registered against the Petitioner/Accused No.8 herein for the offence punishable under Section 20(b)(ii)(B), 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 19852. 2. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The allegation against the petitioner/Accused No.8 is that he was involved in the illegal transportation and sale of ganja along with Accused Nos.1 to 7. It is alleged that on 29.07.2023, the Circle Inspector of Muvvalavanipalem Police Station, Visakhapatnam, acting on credible information, apprehended Accused Nos.1 to 6 at RTC Depot Road, Pedajalaripeta, Visakhapatnam, while they were in possession of two bags containing contraband. On interrogation, they disclosed the involvement of Accused No.7, who was subsequently apprehended with one bag of ganja. It is further alleged that in the course of investigation, Accused Nos.1 to 7 confessed that they had procured ganja from one Siva of Tuni and that the present petitioner/Accused No.8 was also associated with them in the said illegal activity. Based on the said confessional statements, the petitioner was implicated in the crime and shown as Accused No.8. 4. Thus, the allegation against the petitioner is that he was part of the group engaged in possession, consumption, and illegal sale of ganja, and that he facilitated or participated in the offence along with the other accused persons. 2 the NDPS Act 3 5. On a careful consideration of the material placed on record, it is evident that the seizure of contraband was effected from Accused Nos.1 to 7 and not from the present petitioner/Accused No.8. No recovery of ganja or any incriminating article was made from the possession of the petitioner. His implication rests solely on the alleged confessional statements of co‑accused, which by themselves are inadmissible in evidence and cannot form the sole basis for continued detention. It is further noted that the petitioner was formally shown as arrested only on 15.10.2025, long after the incident dated 29.07.2023. The initial secret information was not directed against the petitioner, and his name surfaced only on the basis of statements of other accused persons. 6. Material portion of the investigation in the matter has been completed and statements of material witnesses have been recorded. Therefore, the continued incarceration of the petitioner is not necessary for the purpose of investigation. The petitioner is a resident of Visakhapatnam District, has a fixed place of abode, and has undertaken to cooperate with the trial. It is also relevant to note that the petitioner belongs to a poor family and ekes out his livelihood as a daily wage worker. He has been in judicial custody since 15.10.2025 i.e., 33 days without any recovery from his possession. Prolonged detention in such circumstances would amount to undue hardship. 7. In view of the above facts and circumstances of the case, and considering that no contraband was seized from the Petitioner/Accused No.8, that the investigation has been completed, and that the petitioner has a fixed 4 place of residence and undertakes to abide by conditions imposed, this Court is inclined to enlarge the Petitioner/Accused No.8 on bail. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.8 shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Visakhapatnam City. ii. The Petitioner/Accused No.8 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.8 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.8 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.8 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. 5 vi. The Petitioner/Accused No.8 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.11.2025 VTS