1 APHC010023812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 366/2026 Between: 1. KOVVURU SANYASI RAO, S/O LATE PYDIRAJU, AGED ABOUT 42 YEARS,R/O NEAR ANJANEYA SWAMI STATUE,PHOOL BAGH COLONY, VIZIANAGARAM DISTRICT,ANDHRA PRADESH- 535002 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI,THROUGH THE STATION HOUSE OFFICER,VIZIANAGARAM RURAL PS, VZIANAGARAM DIST. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. TRIVENI REDDY PUJARI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 366 OF 2026 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 Petitioner/Accused No.5 on bail in Crime No.05 of 2026 of Vizianagaram Rural Police Station, Vizianagaram District, registered against the Petitioner/Accused No.5 herein for the offence punishable under Sections under Section 20(b)(ii)(B) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard Ms.P.Triveni Reddy, the learned Counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. The case of the prosecution in brief is that on credible information about the illegal transportation of ganja on 12.01.2026 at about 13.00 hours the Sub- Inspector of Police along with staff and mediators reached near Kapil Homes Layout, on the way of DTC, Saripalli Road, Vizianagaram Mandal and found the accused along with 8 kgs of contraband and thereafter arrested the accused and send them to judicial custody. 4. Learned counsel for the petitioner would submit that due to political rivalry, the petitioner was falsely implicated in this case and he has not committed any offence. The seized contraband is not a commercial quantity. 3 The petitioner is the sole bread breadwinner of his family. The petitioner was arrested on 13.01.2026 and since then he has been in judicial custody. The petitioner is ready to furnish sufficient sureties to the satisfaction of the learned Trial Court to secure his presence for the purpose of investigation. 5. Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, would submit that the quantity involved in this case is not a commercial quantity and the inventory is completed. The investigation is pending for want of RFSL report. 6. The allegation against the petitioner/accused No.5 is that he along with other accused were found in possession of 8 kg of ganja and he was spot arrested. The seized contraband is not commercial quantity. He has been in judicial custody for the past 15 days. The petitioner is permanent resident of Vizianagaram District. He has got fixed abode. All the witnesses are official witnesses. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation may not arise. No petition seeking for custodial interrogation was filed by the police before the learned Court below concerned. Period for custodial interrogation is over. There are no adverse criminal adverse antecedents against the petitioner. If certain conditions are imposed, there is no likelihood of his absconding or evading the process of law. 4 7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.5, this Court is inclined to enlarge the Petitioner/Accused No.5 on bail. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The petitioner/Accused No.5 shall be enlarged on bail subject to he executing bond for a sum of Rs.20,000/- (Rupees ten thousand only), with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Viziznagaram. ii. The petitioner/Accused No.5 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.5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the concerned Court. iv. The petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.5 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. vi. The petitioner/Accused No.5 shall not, directly or indirectly, make any inducement, threat or promise to any person 5 acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. The petitioner/Accused No.5 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. viii. The petitioner/accused No.5 is further directed not to post any videos or photos and not to discuss with regard to political issues on any social media platform. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 27.01.2026 S D P 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 366 OF 2026 27.01.2026 S D P