APHC010216072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3297/2026 Between: 1. GUGAN NATHESWARAN, S/O RAJESH KANNAM,AGE 25 YEARS, R/O D.NO. 31, 2 KEELA STREET,KOOTHAIPPAR, TIRUVERUMBUR, TIRCHIRAPALLI DISTRICT 620013. 2. MUTHU GANESH KUMAR, S/O VEERANAGE 28 YEARS, R/O D.NO. 85, PETHANIYA NAGER, MOOKUBIRI POST,NAZERATH, THOOTUKKUDI DISTRICT, TAMILNADU- 628617 3. RICHARD SON JOSEPH STALIN, S/O JOSEPH STALIN,AGE 28 YEARSM R/O 16, KAMATCHI GARDEN, NAGAR ROADMANTHURAL, NERUJALAKUDI, TIRCHIRAPALLI, TAMILNADU, 621703 4. NITHIN NAVEETH, S/O ASHOK KUMAR,AGE 26 YEARS, R/O D.NO. 5/209,5 BLOCK ,STREET MOGAPPAIR EAST, TIRUVALLUR, TAMILNADU 600037 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to release the Petitioner/Accused No.3 to 6 on bail in connection with Crime No. 24 of 2026 of Dumbriguda Police Station, Visakhapatnam and pass 2 Counsel for the Petitioner/accused(S): 1. RAMINENI SUDHEER Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3297/2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/Accused Nos.3 to 6, seeking regular bail, in Crime No.24 of 2026 of Dumbriguda Police Station, Visakhapatnam, registered for the offence punishable under Sections 20(b)(ii)(B), 25 r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that on 07.04.2026 at about 13:00 hours, the police noticed one person sitting on a motorcycle and seven others standing nearby on the road leading towards Jaipur, near Gorapur Railway Station of Dumbriguda Mandal, carrying zip bags and brown-colored packets. On seeing the police, they attempted to flee. However, upon apprehension and search, the police seized 6 kilograms of ganja from their possession. 3. Heard Sri Ramineni Sudheer, learned counsel for the petitioners and Mrs.K. Priyanka Lakshmi, learned Assistant Public Prosecutor appearing on behalf of the State. 4. Learned counsel for the petitioners would submit that the petitioners are innocent and that they have not committed any offence as alleged by the prosecution. They were falsely implicated in this case. The petitioners have been in judicial custody since 07.04.2026. The investigation might have been 4 completed by this time. Learned counsel for the petitioners would submit that the petitioners are ready to furnish sureties to the satisfaction of the Court and finally prays to grant bail to the petitioners. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that the contraband involved in the present case is a non- commercial quantity of 6 kilograms of Ganja and that the petitioners have been in judicial custody since 07.04.2026. She would further submit that the statutory period has not yet been completed. Investigation is still pending and charge sheet is also not filed. Learned Assistant Public Prosecutor finally prays for dismissal of the petition. 6. Considering the submissions and a fair look on the material placed before this Court, it is a case involving 6 Kgs of Ganja, which is a non- commercial quantity. Taking into consideration the fact that the investigation is still pending and statutory period is also not yet completed, at this juncture, this Court is not inclined to release the petitioners on bail. 7. In view of the aforesaid facts and circumstances of the case, the request of the petitioners cannot be considered at this juncture inasmuch as there are no reasonable grounds to believe that the petitioners have not indulged in the commission of the alleged offence and if the petitioners are released on bail they would not commit similar offence in future. There are no merits in the Criminal Petition for grant of bail to the petitioners. Hence, the Criminal Petition is liable to be dismissed. 5 8. Accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 28.04.2026. UPS 6 27 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3297/2026 Dt.28.04.2026 UPS