[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9768 OF 2025 Between: PINTU alias PINTU SONKAR, S/o.Ram Fair, aged 37 years, R/o. Hanuman Gadhi, Harraiya Mandal, Basti District, Utter Pradesh. Petitioner/Accused No.1 AND The State of Andhra Pradesh, SHO, Buchaiaypeta P.S., Visakapatanam, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. Respondent/Complainant Petition under Section 483 of BNSS,(U/s.437 & 439 of Cr.P.C) is filed praying that in the circumstances stated in the affidavit filed in support of the CriminalPetition, the High Court may be pleased toenlarge the Petitioner on Regular Bail in respect to the Crime No.305/2021 on the file of Buchaiyapeta Police Station, Visakapatanam. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri' TINNAVALLI VENKATA MANOJ, Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, the Court made the following 2 Dr. YLR,J Crl.PNo.9768 of 2025 Dated 07.01.2026 The Court made the following: 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.1 on bail in Crime No.305 of 2021 of Bucchayapeta Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). The learned counsel for the petitioner submits that the petitioner is 2. innocent. He was falsely implicated in this case. He is a law-abiding citizen. He has not committed any offence. He has got fixed abode. He would abide by any condition which this Court deems fit to enlarge the Petitioner on bail, and it is urged to allow the petition. Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor, submits that 3. with regard to the other accused, charge sheet was filed, but with regard to the present petitioner/Accused No.1, there is no information as such. It is further submitted that there is no information about the filing of a petition seeking extension of the judicial custody beyond 180 days. There are two adverse criminal antecedents reported against the Petitioner, i.e.. (1)Cr.No.260 of 2018 and (2)Cr.No.128 of 2022 of H arya Police Station, under the provisions of ‘the NDPS Act’, and it is urged to dismiss the petition. 3 Dr.YLRJ Crl.PNo.9768 of 2025 Dated 07.01.2026 Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. On perusal of the record, it is the case of the prosecution that Accused Nos.3 to 5 were engaged by Accused No.1 in the year 2021 for transportation of 50 kgs of Ganja. Of course, it is a commercial quantity. The role of the petitioner came to light based on the confession of Accused Nos.3 to 5. The alleged date of offence is 30.12.2021. The petitioner was arrested on 26.06.2025. He has been in judicial custody for the past 195 days. So far, 12 witnesses have been examined, they are material and official witnesses. No application was filed seeking extension of remand of the petitioner beyond 180 days. No petition was filed seeking custodial interrogation of the petitioner. Further, the period for seeking custodial interrogation before the learned Trial Court has also expired. 4. 5. 6. The petitioner is a permanent resident of Hanuman Gadhi, Harraiya Mandal, Basti District, Uttar Pradesh. He has got fixed abode. Substantial portion of the investigation is completed. If he is enlarged on bail with certain stringent conditions, he may not evade from the process of law. Although the seized contraband is a commercial quantity, the petitioner has been languishing in judicial custody beyond the statutory period of 180 days contemplated under Section 36A(4) of ‘the NDPS Act’. as 7. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the Petitioner/Accused No.1 has an indefeasible 4 Dr.YLRJ Crl.RNo.9768 of 2025 Dated 07.01.2026 right to bail, unless the Special Court extends the period up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. Considering the facts and circumstances of the case, the nature and 8. gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with the following stringent conditions; i. The Petitioner/Accused No.1 shall be enlarged on bail subject to him executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Additional "Judicial First Class Magistrate, Chodavaram. ii. The Petitioner/Accused No.1 shall appear before the Station Flouse Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. The Petitioner/Accused No.1 shall not commit or III. indulge in commission of any offence in future. iv. 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. 5 Dr. YLR,J Crl.PNo.9768 of 2025 Dated 07.01.2026 V. 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. In the result, the Criminal Petition is allowed. 9. SD/-B.CHITT! JOSEPH DEPUTY REGISTRAR Bfficer //TRUE COPY// SECTI To, 1. The 1st Addl. Sessions Judge, Visakhapatnam - Special Judge for Trail of Offences under NDPS Act. 2. The SHO, Buchaiaypeta P.S., Visakapatanam. (by RPAD) 3. The Superintendent, Central Prison, Visakhapatnam. (by RPAD) 4. One CC to SRI. TINNAVALLI VENKATA MANOJ Advocate [OPUC] 5. Two CC’s to Public Prosecutor, High Court of AP at Amaravati. [OUT] 6. One Spare Copy. HIGH COURT DR.YLR,J DATED: 07/01/2026 ORDER CRLP.No.9768 of 2025 •5^ 'C3 o rti CO ALLOWED