APHC010210772026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Between: 1. KOGURU RAMTEJA, S/O VASANTHA VIJAY KUMAR, AGED 28 YEARS, R/OJALLIVARIPEETA STREET, DRAKSHARAMAM ROAD, RAMACHANDRAPURAMVILLAGE MANDAL, KONASEEMA DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA Prosecution,High Court of Andhra Pradesh, High Court Building at Nelapadu, GunturDistrict, Andhra Pradesh. Gudemkothaveedi G.K.Veedi, PoliceStation, Alluri Seetharamaraju District 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 Courtpleased to grant bail to the petitioner/accused No. 2 in connection with Crime No. 05/2026 of 11.02.2026 on the file of the Gudemkothaveedi (G.K.Veedi), Police Station, Alluri Seetharamaraju District, Andhra Pradesh and pass Counsel for the Petitioner/accused: 1. CHETAN PONNURU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3185/2026 KOGURU RAMTEJA, S/O VASANTHA VIJAY KUMAR, AGED 28 YEARS, R/OJALLIVARIPEETA STREET, DRAKSHARAMAM ROAD, RAMACHANDRAPURAMVILLAGE MANDAL, KONASEEMA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecution,High Court of Andhra Pradesh, High Court Building at Nelapadu, GunturDistrict, Andhra Pradesh. Gudemkothaveedi G.K.Veedi, PoliceStation, Alluri Seetharamaraju District ...RESPONDENT/COMPLAINANT er 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 Courtpleased to grant bail to the petitioner/accused No. 2 in connection with Crime No. 05/2026 of 11.02.2026 on the file of the Gudemkothaveedi (G.K.Veedi), Police Station, Alluri Seetharamaraju District, Andhra Pradesh and pass Counsel for the Petitioner/accused: Counsel for the Respondent/complainant: PROSECUTOR IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA KOGURU RAMTEJA, S/O VASANTHA VIJAY KUMAR, AGED 28 YEARS, R/OJALLIVARIPEETA STREET, DRAKSHARAMAM ROAD, RAMACHANDRAPURAMVILLAGE MANDAL, KONASEEMA ...PETITIONER/ACCUSED PRADESH, Represented by its Public Prosecution,High Court of Andhra Pradesh, High Court Building at Nelapadu, GunturDistrict, Andhra Pradesh. Gudemkothaveedi ...RESPONDENT/COMPLAINANT er 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 Courtpleased to grant bail to the 2024 dated 11.02.2026 on the file of the Gudemkothaveedi (G.K.Veedi), Police Station, THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3185/2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/Accused No.2, seeking regular bail, in Crime No.05/2026 of 2024 dated 11.02.2026 on the file of the Gudemkothaveedi (G.K.Veedi), Police Station, Alluri Seetharamaraju District. 2. The case of the prosecution in brief, is that, on 11.02.2026, on receipt of credible information regarding illegal possession and transportation of contraband ganja, the Sub-Inspector of Police along with his staff and mediators rushed to Pathaveedhi Junction, GK veedhi Panchayat, the accused herein along with others while transporting the 24 kgs of Ganja by way of bike i.e., Bajaj Pulsar bearing No.AP 40 AP 7527, they were caught red handed with the ganja in their possession. 3. Heard Sri Chetan Ponnuru, learned counsel for the petitioner/accused No.2 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 4. Learned counsel for the petitioner would submit that the petitioner was arrested on 11.02.2026, since then, he has been in judicial custody. He would further submit that the petitioner is innocent and the petitioner is ready to furnish sureties to the satisfaction of the Court. Learned counsel for the petitioner finally prays for grant of bail to the petitioner by imposing any conditions. 5. Learned Assistant Public Prosecutor would submit that the investigation is not yet completed. The quantity of contraband involved in present crime is 24 Kgs of Ganja, which is a commercial quantity. Inventory is also not completed. The Statutory period of 180 days is not over. Charge-sheet is not filed. There is one criminal antecedent against the petitioner. Learned Assistant Public Prosecutor finally prays for dismissal of the petition in the light of the bar under Section 37 of NDPS Act. 6. The Hon’ble Apex Court in State of Kerala v. Rajesh1 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. 1 (2020) 12 SCC 122 7. In view of the aforesaid facts and circumstances of the case, the petitioner does not deserve for grant of regular bail at this stage. 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 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 14 CRIMINAL PETITION NO:3185/2026 Dt.28.04.2026 KKV