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2026 DAILYLAW 18638 (AP)

Pichandi Rajesh v. The State of Andhra Pradesh

CRLP/1875/2026 · 2026-03-12

Venkata Jyothirmai Pratapa

body2026

Judgment text

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/ % IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI f'' V \'- .i \ ir-'-i FRIDAY, THE THIRTEENTH DAY OF MARCH, TWO THOUSAND AND TWENTY SIX :PRESENT: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1875 OF 2026 C. / y' Between: Pichandi Rajesh, S/o.Pichandi Manikkam, Aged about 40 years R/o.H.No.85/171, Radhakrishna Street, Arcot Town, Nellore, Tamilnadu State. ... Petitioner/Accused AND The State of Andhra Pradesh, Through Station House Officer, Prohibition and Excise Station, Nellore-ll, SPSR Nellore District, Rep., by its Public ^ Prosecutor, High Court at Amaravathi. \ ...Respondent/Complainant Petition under Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner on bail in Crime No.2/2026 on the file of the Prohibition and Excise Station, Nellore-ll, SPSR Nellore District in the interest of justice. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri P.Nagendra Reddy Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1875/2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused, seeking regular bail, in Crime No.2/2026 on the file of the Prohibition and Excise Station, Nellore-ll, SPSR Nellore District, registered for the offences punishable under Sections 8(C) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”). 2. The case of the prosecution in brief, is that, on 10.01.2026, at about 05;00 AM while the police are conducting vehicle checking Venkatachalam Toll Plaza, Nellore, apprehended the accused while he near was in possession and transporting 11.500 Kgs of ganja. The accused was arrested on the spot and the contraband, vehicle were seized under the cover of mediators’ report. 3. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner/accused 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 has been falsely implicated in this crime and that he is in no way connected with the commission of the offence. The Petitioner has been in judicial custody since 10.01.2026. The contraband Involved in the present crime is 11.500 Kgs 3 of Ganja, which is a non-commercial quantity. It is further submitted that the statutory period is over and no report has been filed before the Trial Court till date. Learned counsel further submits that the petitioner undertakes to strictly adhere to any conditions that may be imposed by this Hon’ble Court. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the investigation is still pending and the contraband involved in the present case is 11.500 Kgs of Ganja. She would further submit that no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. 5. 6. Considering the submissions and upon keen perusal of the material placed on record and in the light of the facts and circumstances of the case, that the petitioner is in judicial custody since 10.01.2026, the fact that the contraband involved in the present crime is only 11.500 Kgs of Ganja, that the statutory period is over and no report has been filed before the Court, this Court is inclined to enlarge the petitioner on bail with the following conditions; i. The petitioner/accused shall execute a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each, to the satisfaction of the learned Special Judicial Magistrate of First Class for Trial of Prohibition and Excise offences Nellore. 4 ii. The petitioner/accused shall appear before the Investigating Officer and when required and shall cooperate with further investigation, if any. The petitioner/accused shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness. The petitioner/accused shall appear before the Station House Officer, concerned, once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m. till filing of charge sheet. The petitioner/accused shall not commit or indulge in commission of any offence in future. The petitioner/accused shall surrender his passport, if any, to the concerned Court, if he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail. as I III. { IV. v. VI. 7. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed opinion on the merits of the Crime. 8. as 9. Accordingly, this Criminal Petition is allowed. 5 As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall sfand closed. SD/- f^EGtSTRAR SECTtOR OFFSCER assjstawt //TRUE COP\ To, The Special Judicial Magistrate of First Class for Trial of Prohibition and Excise Offences, Nellore. 2. The Superintendent, District Jail, Nellore. 3. The Station House Officer, Prohibition and Excise Station, Nellore-ll, SPSR Nellore District. 4. One CC to Sri P.Nagendra Reddy, Advocate [OPUC] CCS to Public Prosecutor, High Court of AP, Amaravati. [OUT] 6. One spare copy. 1. 5. Two PSD HIGH COURT DR.VJP,J DATE: 13/03/2026 BAIL ORDER CRLP.No.1875 of 2026 ALLOWED