APHC010600462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11729/2025 Between: PUKUHRAJ, S/O NATHULAL, AGED 31 YEARS,C/O OBC- DANGI, R/OLASUDIYA KADMALA,MAITHARAGRH, LASUDYA KADMALA, MANDSAUR,MADHYA PRADESH- 458339 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its Public prosecutor, High Court of Andhra Pradesh, Amaravathi Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: ABDUS SALEEM Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.11729 of 2025 Dated 01.12.2025 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.3 on bail in Crime No.194 of 2025 of Prohibition and Excise Station, Paderu, ASR District, registered against the Petitioner/Accused No.3 herein for the offences punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.Abdus Saleem, 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 the family and his arrest would cause undue hardship and prejudice to his dependents. The Petitioner undertakes to abide by any conditions that this Court may impose while granting bail to the Petitioner. 3. It is further submitted that the Petitioner have a permanent place of residence and there is no likelihood of his absconding or evading the process of law. It is further submitted that no independent witnesses were examined during the search and seizure, which was conducted in the 3 Dr.YLR,J Crl.P.No.11729 of 2025 Dated 01.12.2025 presence of the VRO. The search was conducted and initiated under the provisions of ‘the NDPS Act’, and it is urged to allow the Petition. 4. 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 law. Given the gravity of the allegations and the potential threat to the progress of the investigation, it is submitted that the Petitioner does not deserve the discretionary relief of bail and it is urged to dismiss the bail petition. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioner/Accused No. 3 is that he, along with the other accused, had indulged in dealing with 35.00 kgs of ganja, which is a commercial quantity. The petitioner was arrested on 23.08.2025. He has been in judicial custody for the past 98 days. In this case, the inventory is completed, but the RFSL report is pending. Some more witnesses are yet to be examined. The investigation is at a nascent stage. The learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner. This Court is also not satisfied that there are reasonable grounds to believe that the petitioner 4 Dr.YLR,J Crl.P.No.11729 of 2025 Dated 01.12.2025 is not guilty of the said offence or that he is not likely to commit any offence while on bail. 7. Considering the nature and gravity of the allegations levelled against the petitioner, his alleged role played in the case, and the petitioner has allegedly found in possession of 35.00 kgs of ganja, which is a commercial quantity, this Court is not inclined to grant bail at this juncture. 8. Further, statutory period of judicial remand for 180 days is not completed. In this connection, it is relevant to refer the following decisions of the Hon’ble Apex Court. 9. In Union of India v. Ram Samujh1 the Hon’ble Supreme Court at Paragraph No.7 held as under: “In murder cases the harm is limited to one or two individuals, whereas narcotics offences destroy numerous vulnerable lives and have a deadly impact on society; offenders involved in drug trafficking pose a continuous hazard and are likely to persist in their illicit activities if released, and therefore strict adherence to the legislative mandate is essential.” 10. In Durand Didier v. State (UT of Goa)2 the Hon’ble Apex Court at Paragraph No.24 held as under: “The organised underworld activities and clandestine trafficking of narcotic drugs have caused widespread addiction, especially among adolescents and students, turning the menace into a serious and alarming social problem. To combat this devastating threat with its deadly impact on society, Parliament recognised the need for strong measures. Consequently, it enacted Act 81 of 1985, introducing strict provisions with mandatory minimum imprisonment and fines.” 1 (1999) 9 SCC 429 2 (1990) 1 SCC 95 5 Dr.YLR,J Crl.P.No.11729 of 2025 Dated 01.12.2025 11. The Hon’ble Apex Court in State of Kerala v. Rajesh3 at Paragraph Nos.8, 19, 20 and 21 held as under: 8. To curb the spread of dangerous drugs, Parliament has mandated that an accused under the NDPS Act cannot be granted bail unless there are reasonable grounds to believe he is not guilty and will not commit offences while on bail. The High Court failed to justify ignoring these mandatory conditions when releasing the accused. Instead of considering the grave socio-economic and health consequences of illegal drug trafficking, the court ought to have enforced the law in the spirit intended by Parliament. 19. Section 37 imposes additional, overriding restrictions on the grant of bail, beyond those under Section 439 CrPC, through its non obstante clause. It prohibits bail unless two mandatory conditions are met: the prosecution is given an opportunity to oppose, and the court is satisfied that there are reasonable grounds to believe the accused is not guilty. If either condition is not fulfilled, the bar against granting bail applies. 20.The term “reasonable grounds” requires more than mere prima facie satisfaction; it demands substantial, probable causes showing the accused is not guilty. Such belief must arise from facts and circumstances sufficient to justify that conclusion. In the present case, the High Court overlooked the strict object of Section 37, and its liberal approach to bail under the NDPS Act was unwarranted. 21.The learned Single Judge failed to record the mandatory finding required under Section 37 of the NDPS Act, which is a sine qua non for granting bail in such cases. 12. In view of the law laid down by the Hon’ble Apex Court in Ram Samujh, Durand Didier and Rajesh the request of the petitioner cannot be considered at this juncture inasmuch as there are no reasonable grounds to believe that the petitioner has not indulged in the commission of the alleged offence. There are no merits in this case for grant of bail to the petitioner. Hence, this Criminal Petition is liable to be dismissed. 3 (2020) 12 SCC 122 6 Dr.YLR,J Crl.P.No.11729 of 2025 Dated 01.12.2025 13. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date:01.12.2025 RSI 7 Dr.YLR,J Crl.P.No.11729 of 2025 Dated 01.12.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11729 of 2025 Date: 01.12.2025 RSI