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2026 DAILYLAW 12643 (AP)

Rajesh N v. The State of Andhra Pradesh

CRLRC/1067/2026 · 2026-10-08

Y Lakshmana Rao

body2026

Judgment text

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APHC010479382026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE 9th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1067/2026 Between: 1. RAJESH N, S/O. NARAYANA SWAMY, AGED ABOUT 37 YEARS,R/O. D. NO.52, 23RD WARD, AKKU PETA,DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT,KARNATAKA STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT Counsel for the Petitioner: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent: 1. PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.R.C.No.1067 of 2026 Dated 09.10.2026 The Court made the following: ORDER: The Criminal Revision Case has been filed under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.70 of 2026 of Payakaraopeta Police Station, registered against the petitioner/accused No.1, seeking to set aside the Order dated 27.08.2026, passed by the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam Crl.M.P.No.675 of 2026 in Cr.No.70 of 2026. 2. Thoughtful considering is bestowed upon the arguments of the learned counsel for the petitioner/accused No.1 and the learned Assistant Public Prosecutor. Perused the record. 3. Now the point for consideration is: “Whether the Order dated 27.08.2026, passed by the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam Crl.M.P.No.675 of 2026 in Cr.No.70 of 2026, is correct, legal, and proper with respect to its finding or judgment, and there are any material irregularities? And to what relief? 4. As seen from the record, the petitioner is arrayed as accused No.1. It is alleged that the petitioner was indulged in dealing with 60 kgs of Ganja. He was arrested on the spot, on 07.03.2026. The seized Ganja is a commercial quantity. The learned Trial Court has extended the remand of the petitioner/accused No.1 for a period of 275 days. The petitioner/accused No.1 3 Dr.YLR,J Crl.R.C.No.1067 of 2026 Dated 09.10.2026 has been in judicial custody from the past 217 days. Charge-sheet is not filed yet. Substantial portion of the investigation with regard to the alleged role played by the petitioner has been completed. There are no similar adverse antecedents reported against the petitioner. The requirement of keeping the petitioner/accused No.1 in the judicial custody for 217 days does not appear to be reasonable and convincing. The reasons assigned in the special report submitted by the prosecutor concerned are also not convincing and probable. 5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the petitioner/accused No.1, and the period of incarceration underwent by the petitioner/accused No.1, this Court is inclined to enlarge the petitioner/accused No.1 on bail with some stringent conditions. 6. In the result, the Criminal Revision Case is allowed with the following stringent conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to executing a bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) with three sureties for the like sum each to the satisfaction of the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam. ii. The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in 4 Dr.YLR,J Crl.R.C.No.1067 of 2026 Dated 09.10.2026 between 10:00 am and 01:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.1 shall surrender her passport to the Investigating Officer, if he states that he does not have passport, the Petitioner shall submit an affidavit to that effect. v. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence while on bail. vi. The Petitioner/Accused No.1 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required. vii. The Petitioner/Accused No.1 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 him/her from disclosing such facts to the Court. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.10.2026 DRNR 5 Dr.YLR,J Crl.R.C.No.1067 of 2026 Dated 09.10.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1067 of 2026 Date: 09.10.2026 DRNR