APHC010537542025 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 NO: 10452/2025 Between: 1. BHAGDIS KHARA @ BHAGI, S/O. BHALAI KHARA, AGED ABOUT 24 YEARS, R/O. KANAKRAPEDA VILLAGE, GUNTHAWADA POST, MALKANGIRI DISTRICT, ODISHA STATE. 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated Criminal Petition, the High Courtmay be pleased to enlarge the Petitioner/Accused No.6 on bail pending disposal of Crime No. 13/2025 of Koyyuru P.S., Alluri Sitharama Raju District Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10452/2025 BHAGDIS KHARA @ BHAGI, S/O. BHALAI KHARA, AGED ABOUT 24 YEARS, R/O. KANAKRAPEDA VILLAGE, GUNTHAWADA POST, MALKANGIRI DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...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 enlarge the Petitioner/Accused No.6 on bail pending disposal of Crime No. 13/2025 of Koyyuru P.S., Alluri Sitharama Raju District Counsel for the Petitioner/accused: GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3396] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA BHAGDIS KHARA @ BHAGI, S/O. BHALAI KHARA, AGED ABOUT 24 YEARS, R/O. KANAKRAPEDA VILLAGE, GUNTHAWADA POST, ...PETITIONER/ACCUSED 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 in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to enlarge the Petitioner/Accused No.6 on bail pending disposal of Crime No. 13/2025 of 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO:10452/2025 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/Accused No.6, seeking regular bail, in Crime No.13 of 2025 on the file of Koyyuru Police Station, Alluri Sitharama Raju District, registered for the alleged offences punishable under Sections 111(2)(b) BNS, Section 20(b)(ii)(C), 25 read with 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, ‘the NDPS Act’). 2. On 09.04.2025 at about 19:30 hours, upon receipt of credible information, the Sub-Inspector of Police, along with his staff and mediators, rushed to Cheedipalem Junction, Koyyuru Mandal, and conducted vehicle checking. During the checking, two auto-rickshaws coming from the Buddaralla side were intercepted. A total of five persons were found in the said vehicles. On noticing the police, the accused along with the others attempted to flee away from the spot. However, the Sub-Inspector of Police apprehended them. Upon interrogation, and based on the confessional statements made by the accused, the police seized 172.310 kilograms of ganja in the presence of mediators under a cover of seizure panchanama. Accused No. 6 was implicated in the case based on the confessional statements of the other accused persons. 3 3. None represented on behalf of the petitioner/A.6. 4. Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State would submit that the quantity of contraband involved in present crime is 172.310 kilograms of Ganja, which is a commercial quantity. The A6 has been in judicial custody since 29.07.2025. She further submits that the statutory period of 180 days has not been completed; however, the charge sheet has been filed. Learned Assistant Public Prosecutor finally prays for dismissal of the petition in the light of the bar under Section 37 of NDPS Act. 6. The Hon’ble Apex Court in State of Kerala v. Rajesh 1 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. 1 (2020) 12 SCC 122 4 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. 7. 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 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10452/2025 Dt.11.02.2026 KKV