APHC010054652026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Between: 1. KHEMUDU PURENDRA, S/O RAGHUMANI PURENDRA, AGED 26 YEARS, R/O SURUMI VILLAGE, BILAPUT PANCHAYAT, NANDAPUR BLOCK, KORAPUT DISTRICT, STATE OF ORISSA. PIN. 764041. 2. SUBASH KHEMUDU,, S/O SAHADEV @ SADEB KHEMUDU, AGED 20 YEARS, N/O SURUMI VILLAGE, BILAPUT PANCHAYAT, NANDAPUR BLOCK, KORAPUT DISTRICT, STATE OF ORISSA. PIN. 76404. R/O MUKKIPUTTU VILLAGE, BARADA PANCHAYAT, A.S.R DISTRICT 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecut High Court of Judicature of Andhra Pradesh at Amaravati. 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 H Petitioners/Accused. No. 4 and 5 on bail in Crime No. 03 of 2026, on the file of the Munchingiput Police Station and pass such Counsel for the Petitioner/accused(S): 1. DASARI RAMAKOTESWAR RAO IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 810/2026 KHEMUDU PURENDRA, S/O RAGHUMANI PURENDRA, AGED 26 YEARS, R/O SURUMI VILLAGE, BILAPUT PANCHAYAT, NANDAPUR BLOCK, KORAPUT DISTRICT, STATE OF ORISSA. PIN. SUBASH KHEMUDU,, S/O SAHADEV @ SADEB KHEMUDU, AGED N/O SURUMI VILLAGE, BILAPUT PANCHAYAT, NANDAPUR BLOCK, KORAPUT DISTRICT, STATE OF ORISSA. PIN. 76404. R/O MUKKIPUTTU VILLAGE, BARADA PANCHAYAT, A.S.R ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecut High Court of Judicature of Andhra Pradesh 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 Courtmay be pleased to release the Petitioners/Accused. No. 4 and 5 on bail in Crime No. 03 of 2026, on the file of the Munchingiput Police Station and pass such Counsel for the Petitioner/accused(S): DASARI RAMAKOTESWAR RAO IN THE HIGH COURT OF ANDHRA PRADESH [3396] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA KHEMUDU PURENDRA, S/O RAGHUMANI PURENDRA, AGED 26 YEARS, R/O SURUMI VILLAGE, BILAPUT PANCHAYAT, NANDAPUR BLOCK, KORAPUT DISTRICT, STATE OF ORISSA. PIN. SUBASH KHEMUDU,, S/O SAHADEV @ SADEB KHEMUDU, AGED N/O SURUMI VILLAGE, BILAPUT PANCHAYAT, NANDAPUR BLOCK, KORAPUT DISTRICT, STATE OF ORISSA. PIN. 76404. R/O MUKKIPUTTU VILLAGE, BARADA PANCHAYAT, A.S.R ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, ...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 igh Courtmay be pleased to release the Petitioners/Accused. No. 4 and 5 on bail in Crime No. 03 of 2026, on the file Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 810 of 2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioners herein/Accused Nos.4 and 5, seeking regular bail, in Cr.No.03 of 2026, on the file of Munchingiput Police Station, Alluri Sitharama Raju Police Station, registered for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPSA’). 2. Brief facts of the case are that, on 21.01.2026, on credible information, the SI of Police, Munchingiput Police Station secured the presence of mediators and conducted vehicle checking. While conducting the vehicle checking, the petitioners were caught while transporting 500 Kgs of Ganja in 16 white gunny bags. The Sub Inspector of police seized the contraband and the vehicles under the cover of mediators’ report. 3. None represented on behalf of the petitioners/A.4 and A.5. 4. Learned Assistant Public Prosecutor submits that the quantity of contraband involved in present crime is 500 Kgs of Ganja, which is a commercial quantity. The A-4 and A-5 have been in judicial custody since 21.01.2026. She would further submit that the statutory period of 180 days is not over. Learned Assistant Public Prosecutor finally prays for dismissal of the petition in the light of the bar under Section 37 of NDPS Act. 5. 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. 6. 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: 11.02.2026 KKV 1 (2020) 12 SCC 122 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 810 of 2026 Dt.11.02.2026 KKV