APHC010350542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5639/2026 Between: 1. NAROTTHAM HAIDAR, S/O. NANIGOPAL HAIDAR, A3AGED 33 YEARS, OCC BIKE MECHANIC,R/O. M.P.V-8D, PULIMETIA VILLAGE, MOTU TALUK,KALIMELA POLICE STATION, MOTU TALUK, MALKANGIRI DISTRICT,ODISHA STATE. 2. SHIBA ROY, S/O. SHYAMAL ROY,A4AGED 19 YEARS, OCC UNEMPLOYEE,R/O. M.P.V-13, PULIMETIA VILLAGE, GUNKA PANCHAYAT,KALIMELA POLICE STATION, MOTU TALUK, MALKANGIRI DISTRICT,ODISHA STATE. ...PETITIONER/ACCUSED Nos.3 & 4 AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor,High Court at Amaravathi, ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. MAHESWARI ARIKA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 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 Petitioners/Accused Nos.3 & 4 on bail in Crime No.29 of 2026 of Yetapaka Police Station, Polavaram District, registered for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mrs.Maheswari Arika, the learned counsel for the Petitioners submits that the Petitioners are innocent of the alleged offences. They have been falsely implicated by the police. It is further submitted that the Petitioners are the sole earning members of their respective families and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petitions. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition. 3 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the Petitioners are arraigned as Accused Nos.3 and 4 in this case. The Petitioners were arrested on 15.03.2026 and have been in judicial custody for the past 190 days. No application seeking extension of judicial custody has been filed, and no application has been filed seeking custodial interrogation of the Petitioners. The investigation is still incomplete and the Charge Sheet has not yet been filed. So far, six witnesses have been examined. The allegation against the Petitioners is that they indulged in dealing with 22 kgs of Ganja, which is a commercial quantity. There is one similar criminal adverse antecedent reported against the Petitioner No.1/Accused No.3 and there are no adverse similar criminal antecedents reported against the Petitioner No.2/Accused No.3. 6. The Petitioners are permanent residents of Odisha State. They have got fixed abode. If the Petitioners are enlarged on bail subject to stringent conditions, there is no likelihood of their interfering with the investigation, threatening witnesses, or tampering with evidence. 7. Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the Petitioners/Accused Nos.3 & 4 and the period of incarceration undergone by the Petitioners/Accused Nos.3 & 4 beyond statutory period, this Court is inclined to enlarge them on bail. 4 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.3 & 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram. ii. The Petitioners/Accused Nos.3 & 4 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioners/Accused Nos.3 & 4 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.3 & 4 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.3 & 4 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required. vi. The Petitioners/Accused Nos.3 & 4 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 them from disclosing such facts to the Court. vii. The Petitioners/Accused Nos.3 & 4 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 21.09.2026 PRA/VMM 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5639 of 2026 Date: 21.09.2026 PRA/VMM