APHC010183572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2723/2026 Between: 1.MAHINDER SINGH, S/O LAXMAN SINGH, AGED ABOUT 25 YEARS, R/O KL PURAM, GANESH TEMPLE, CANTONMENT,VIZIANAGARAM DISTRICT. 2.TAKU NARSIMMA SINGH,, S/O TAKI NANAK SINGH A/29, C/SINGH, GANESH TEMPLE, CANTONMENT, VIZIANAGARAM DISTRICT, CELL 6305504041. AADHAR 7918 0351 3939. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High Court of A.P., Amaravati, (Through SHO, Gandepalli Police Station). ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.APPA RAO KOTHURU Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2723 of 2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A.3 & A.1, seeking regular bail, in Crime No.354 of 2025 of Gandepalli Police Station, registered for the offence punishable under Sections 20(b)(ii)(C), 25 read with 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. This is a case of illegal possession and transportation of Ganja that occurred on 06.11.2025 at about 12.50 p.m., on credible information, the Sub- Inspector of Police, Gandepalli Police Station along with his staff, mediators and Gazetted Officer reached the place on road which is running from Gandepalli to NT Rajapuram at outskirts of Gandepalli village found that one car bearing registration No.AP 39QH 0222 was parked and noticed A.1 to A.3 were inside the car and 13 others managed to escaped, on search they were found in possession of 21.7 kgs of Ganja in six packets, then the police apprehended the accused and seized the Ganja, mobile phones and cash from their possession. Hence, the crime. 3. Heard Sri K.A.R. @ Appaji, 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 submits that the petitioners are innocent and have been in judicial custody since 06.11.2025, and prays that this Court may pass appropriate orders. 5. Learned Assistant Public Prosecutor would submit that the investigation is completed and charge sheet has been already filed on 06.04.2026. She further submits that the ganja seized from the accused is of commercial quantity. She, therefore, prays for dismissal of the petition. 3 6. Considering the submissions made and upon a fair perusal of the material placed on record, this Court notes that the case involves seizure of 21.7 kgs of ganja, which constitutes a commercial quantity. It is also brought to the notice of this Court that the charge sheet has already been filed on 06.04.2026. 7. 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. 8. 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. 1 (2020) 12 SCC 122 4 9. Accordingly, the Criminal Petition is dismissed. However the petitioners are at liberty to file a fresh petition as and when required. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.04.2026 SAB 5 195 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2723 of 2026 Dt.15.04.2026 SAB