APHC010614502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11841/2025 Between: GALLA RAVI TEJA, S/O RAMBABU,INDIAN, AGED 27 YEARS, R/0. INDUKURUPETA VILLAGE,DEVIPATNAM MANDAL,ALLURI SITARAMARAJU,EAST GODAVARI DISTRICT ...PETITIONER/ACCUSED No.1 AND THE STATE OF ANDHRA PRADESH, Being represented by Station House Officer,Proh Excise, Rampachodavaram,East Godavari District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: I BALA SUBRAHMANYAM Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 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.136 of 2025 of Proh & Excise Police Station, Rampachodavaram, Alluri Sitharamaraju District, 2 Dr.YLR,J Crl.P.No.11841 of 2025 Dated 05.01.2026 registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. On perusal of the record, the allegation against the Petitioner/Accused No.1 is that he was in possession and transportation of 180 kgs of ganja, which is a commercial quantity. The petitioner was arrested on the spot on 30.06.2025. He has been in judicial custody for the past 189 days. Even after completion of nearly 190 days of judicial custody, the investigation has not been completed and the charge sheet has not been filed. 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 completed. 4. The petitioner is a permanent resident of Indukurupeta Village, Devipatnam Mandal, Alluri Sitaramaraju District. He has got fixed abode. There is a fat chance for the petitioner to escape from the clutches of law if he is enlarged on bail. Although the seized contraband is a commercial quantity, the petitioner has been languishing in judicial custody beyond the statutory period of 180 days as contemplated under Section 36A(4) of ‘the NDPS Act’. 3 Dr.YLR,J Crl.P.No.11841 of 2025 Dated 05.01.2026 5. 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 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. 6. Considering the facts and circumstances of the case, the nature and 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 Judicial First Class Magistrate, Rampachodavaram. ii. The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. 4 Dr.YLR,J Crl.P.No.11841 of 2025 Dated 05.01.2026 iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. 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. vi. 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. 7. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.01.2026 Note: Issue C.C. by today B/o PRA