APHC010283062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4542/2026 Between: 1. AKASH KUMAR BARIK, ,S/O. NABA KISHORE, AGED ABOUT 25 YEARS,R/O. DAGARAPADA VILLAGE NAGUAN POST, BHADRAK DISTRICT, ODISHA STATE. 2. SUNIL NAIK, ,S/O. GANESWAR NAIK, AGED ABOUT 20 YEARS,R/O. BAHARMUSKUNI /ILLAGE, KUCHEIPADAR POST,RAYAGADA DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.4542 of 2026 Dated 15.06.2026 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 Petitioners/Accused Nos.1 and 2 on bail in Crime No.53 of 2026 of Visakhapatnam Police Station, GRP Vijayawada, registered against the Petitioners/Accused Nos.1 and 2 herein for the offences punishable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor representing the State. 3. Sri G.Maheswara Rao, Learned counsel for the petitioners, submits that the petitioners are innocents and that they have not committed any offence and were falsely implicated in this case. The petitioners are law-abiding citizens and they have got a permanent abode. Material portion of the investigation is completed. The petitioners have been in judicial custody for the past 53 days. The seized contraband is non-commercial quantity. The petitioners would abide by any conditions if they are enlarged on bail. Hence, he urged this Court to release the petitioners on bail. 4. Ms.P.Akhila Naidu, Learned Assistant Public Prosecutor, submits that the petitioners were arrested on the spot while they were in possession and 3 Dr.YLR,J Crl.P.No.4542 of 2026 Dated 15.06.2026 transportation of 8 kgs of ganja. Inventory is also completed and she urged this Court to pass appropriate orders. 5. Record reveals that on 23.04.2026, the Sub Inspector of Government Railway Police received credible information that the petitioners were in possession and transportation of 8.00 kgs of ganja. The Investigating Officer apprehended the petitioners who were in possession of 8.00 kgs of ganja. A mediators’ report was drafted. The petitioners were arrested on 23.04.2026. The petitioners have been in judicial custody for the past 53 days. The seized contraband is only 8.00 kgs. It is not a commercial quantity. The inventory is also completed. So far, seven witnesses have been examined and they are all material witnesses. The petitioners have got a fixed abode. They may not jump the conditions if they are enlarged on bail. There are no adverse antecedents reported against the petitioners. 6. Considering the entire facts and circumstances of the case and the gravity of the allegations levelled against the Petitioners/Accused Nos.1 and 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail with certain stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to their executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with 4 Dr.YLR,J Crl.P.No.4542 of 2026 Dated 15.06.2026 two sureties each for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways-Cum-VI Additional Junior Civil Judge Court, Visakhapatnam. ii. The Petitioners/Accused Nos.1 and 2 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 Petitioners/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.1 and 2 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The Petitioners/Accused Nos.1 and 2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the 5 Dr.YLR,J Crl.P.No.4542 of 2026 Dated 15.06.2026 case so as to dissuade him/her from disclosing such facts to the Court. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.06.2026 JLV 6 Dr.YLR,J Crl.P.No.4542 of 2026 Dated 15.06.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4542 of 2026 Date: 15.06.2026 JLV