APHC010558032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10906/2025 Between: 1. MANOJ KUMAR SWAIN, S/O. MURALIDHAR SWAIN, A/43, C/KONDAYAT, NEAR BUS STAND, DRIVERS LINE, BALIMELA TOWN, MALKANGIRI DISTRICT, ODISHA STATE ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, Through SHO, Donkarai P.S, Rep by Special Public Prosecutor at Rajamahendravaram ...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 Court Pleased to enlarge him on bail in connection with Crime no.7 of 2022 of Donkarai Police Station on such terms the Hon’ble Court deems fit and proper in the interest of justice. Counsel for the Petitioner/accused: 1. DUGGIRALA SUBASH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10906/2025 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/Accused No.2, seeking regular bail, in Crime No. 7 of 2022 of Donkarai Police Station, registered for the offences punishable under Sections 8(C) read with 20(b)(ii)(C) of the NDPS Act. 2. Brief facts of the case are that, on 24.02.2022, at 3.00 pm., at the place nearby Donkarai Police Checkpost, Donkarai Village, Y.Ramavaram Mandal, the Sub-Inspector of Police, Donkarai along with his staff and mediators, while conducting vehicle checking noticed that on seeing them, the driver of TATA Lorry bearing No.OR 21 A 8852 taken back his lorry and absconded by leaving the said lorry at some distance to the police checkpost, on search they found 1950 Kgs of Ganja in 78 packets and copy of Aadhaar Card of A1 in the said vehicle and seized the contraband and the vehicle. During the course of investigation, the police have arrested A1 on 17.04.2025 under the cover of mediators’ report which reveals the involvement of the A2 and A3. Subsequently, the police have arrested A2 on 31.07.2025. 3. Heard Sri Duggirala Subash, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3 4. Learned Assistant Public Prosecutor submits that the prosecution has moved a petition before the Special Court for extension of time to complete investigation in this matter. It is coming up for hearing on 03.02.2026. The quantity of contraband involved in present crime is 1950 Kgs of Ganja, which is a huge commercial quantity. The petitioner/A2 has been in judicial custody since 31.07.2025. 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. 1 (2020) 12 SCC 122 4 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: 28.01.2026. UPS 5 161 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10906/2025 Dt.28.01.2026 UPS