lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA THURSDAY, THE NINTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY FIVE : PRESENT: 1''\ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA -.,,..-gr`-xp..I, CRIMINAL PETITION NO: 10080 OF 2025 Between: Arjun Kumar, S/o Masara Ram,Aged about 26 years, R/o Near Jaipur Sweet Street,Malkapuram Main Road, Visakhapatnam.N/o Bhundwa, Jaior District, Rajasthan. Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati. Respondent/Complainant Petition under section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to release the Petitioner who is arrayed as Accused no. 2 on bail in connection with crime No. 57 of 2025 on the file of Gajuwaka Police Station, Visakhapa{nam Dl-strict. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of sri. SIVAPRASAD REDDY VENATl, Advocate for the petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER: Dr. YLR, J CrI.P.No.10080 of 2025 Dated 09_10.2025 The Court made the following: ORDER: The Criminal Petition has been fI-led under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity lthe cr.p.c.I)/ sections 480 and 483 of the Bhara{iya Nagarik Suraksha Sanhita, 2023 (for brevI'ty tthe BNSS'), seeking to enlarge the petitioner/Accused No.2 on bail I-n cr.No.57 of 2025 of Gajuwaka Police Station, VI'SakhaPatnam D,'strict, was registered against the petitioner/Accused No.2 herein for the offences Punishable under Section 20(b)(ji)(C) read with 8 (c) read with 25 of the Narcotl'c Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS ActJ). 2. The case of the prosecutI-On iS that On ll.02.2025, on receipt of credible information regarding the illegal possession and transportation of ganja, the Sub-Inspector of Police, Gajuwaka Police Station, along with his staff, secured the presence of mediators and obtaI'ned a Search Warrant, and reached D.No. 24-9-1/3, behind More Super Market, VUDA Colony, Kanithi Road, Gajuwaka, Visakhapatnam. The police found that the said house is a three-storied buI'Iding, and upon entering the said building, they found one house on the ground floor. The police knocked on the door of the ground floor house, and soon after, one male person opened the door. The police then found eight male persons inside the house. upon 3 Dr. YLR, J crI.P.No_10080 of 2025 Dated 09.10.2025 verification, they found six cardboard boxes in the bedroom. The six cardboard boxes contained 90 packets of ganja. During the interrogation, the sub-Inspector of police seized 4 packets from the Vehicle KIA Seltos, grey colour, bearing registration No. OD 10 U 7595. The Investigating officer se®lzed a total of 94 packets of ganja, Weighing 184.00 kgs, under the cover of a mediators' report, and the accused were arrested. 3. Sri Sivaprasad Reddy Venati, the learned COunSel for the Petitioner contends that the petitioner is innocent of the alleged offence and he has been falsely implicated by the POliCe. lt iS further Submitted that the petitioner is the sole earning member of the family and, therefore, h'ls incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by th-ls court. ln light of the forego'lng submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per cot,£ra, Ms.P.Akhila Naidu, the learned Assistant Publ'lc prosecutor vehemently opposed to grant of bail {o the petitioner, submitting that the invest|lgation 'ls still underway and several,`material witnesses remain to be examined. lt is contended that if the petitioner is released on bail a{ this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. ln view of the foregoing submissions, it is urged th!at the petition be dismissec!. `<i--I , :~ i i 4 Dr. YLR, J CrI.P.No.10080 of 2025 Dated 09_10.2025 5. Heard the leamed counsel for the petitioner and the Ieamed Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner/Accused No.2 was allegedly indulged in possession of 184.00 Kgs of ganja. Although it is a commercial quantI|{y, the Petitioner has been languishing in the jail since ll.02.2025 onwards. Nearly for the past 241 days he has been in the judicial custody. After completion of investigation, the investigating officer has filed charge sheet in this case. This Court granted bail to Accused Nos.4 and 8 v,'de order dated ll.08.2025 in Crl.P.No.7333 of 2025. 7. The learned Assistant Public Prosecutor submits that no report was fI®led before the learned Court below by the learned publ,'c prosecutor concerned seekl-ng for extension perl'od of judicial custody of the petitioner uPtO One year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. 8. Section 36A(4) of cthe NDPS Act' states that jfthe investigation is not completed within 180 days, the petitioner/Accused No.2 has an indefeasI'ble right to bail, unless the SpecI'aI 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. L-- BTgivLE=`=_--`-_T`T + Dr. YLR, I CrI.P.No.10080 of 2025 Dated 09.10.2025 9. Considering the period of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 241 days, the nature and gravity of allegations levelled against the petitioner, and his alleged role played in the case, this Court I-S inclined tO enlarge the petitioner on bail with the following stringent conditions: i. ;- The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned lll Additional Chief Judicial Magistrate at Gajuwaka, Visakhapatnam. 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. iv. The petitioner/Accused No.2 shall not commit or indulge in cominission of any offence in future. v. The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any I- 6 Dr. yLR, J Crl.P.No.10080 of 2025 Dated o9.10.2O25 person acquainted with the facts of the case so as to dI-SSuade himther from dI'SCIOSing such facts to the court or to any po"ce officer. 10. Accordingly, the criminal petl'tion js allowed. //TRUE COPY// sD/-M.SRINIVAS AS SISTAT~ThrfFEGISTRAR sECl-lz6-N OFFICEP` To, 1 The [ll Additl'onaI Chfef Judl®clal Maglstra{e at Gajuwaka, VIsakhapatnam. 2. The superI'ntendent, Central Prison, v,-sakhapatnam. 3. The station House offlcer, GaJuWaka PolICe StatI'On, Vlsakhapatnam Djstrjct. 4 One cc to sri slvAPRASAD REDDY VENATl, Advocate [opuc] 5. Two cos to PUBLIC PROSECUTOR, HI'gh Court of Andhra pradesh, Amaravatj. [ouT] 6. One spare copy JSS HIGH COURT DR.YLR, J DATED:09/10/2025 BAIL ORDER CRLP.No.10080 of 2025 ALLOWED 4ly* ., --`:--_ `- rfe h