APHC010287032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4623/2026 Between: 1. DEVANANDAN K, .,S/O. SANTOSH SRINIVASAN K., AGED ABOUT 21 YEARS,R/O. KADAVARAM, VTC PULUR, HARIPURAM POST,KASARAGAD DISTRICT, KERALA STATE. 2. ELDHOSE P J, ,S/O. P.P. JOSE, AGED ABOUT 21 YEARS,R/O. PATTAMMATTU GHS POIKA, KUTTAMPUZHA,VADATTUPARA POST, KOTHAMANGALAM SUB DISTRICT,EARNAKULAM DISTRICT, KERALA STATE. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...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 Courtpleasedto enlarge the Petitioners/Accused No.1, 2 on bail pending disposal of Crime No.78/2026 of Government Railway P.S., Palasa and to pass Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 2 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4623 /2026 ORDER: The Criminal Petition has been filed under Sections 480 & 483of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioners/Accused Nos.1 & 2 for granting of bail in connection with Crime No.78 of 2026 of Government Railway Police Station, Palasa registered for the alleged offence punishable under Sections 20(b)(ii)(B) r/w. 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. 3. The case of the prosecution is that on 21.05.2026, the Sub-Inspector of Police along with his staff and RPF CPDS team intercepted two suspicious male passengers possessing and transporting the ganja weighing about 13.948 kgs., inside Coach No.11 of Passenger Train No.58531 at Nellimarla Railway Station, Vizianagaram District on seeing police checking panicked and attempted to flee, but they were detained by the police. The police seized the contraband, arrested the accused Nos.1 & 2 and remanded them to judicial custody. 4. Mr. G.Maheswara Rao, learned counsel for the petitionerssubmit that the petitionersare innocent and did not commit the alleged offence and have been falsely implicated by the police. It is further contended that the petitionerswould abide by any condition to be imposed by this Court if they are enlarged on bail and it is urged to allow the Criminal Petition. 4 5. Per contra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed to grant of bail to the petitioners, submitting that the petitioners arethe residents of Kerala State. So far only 7 witnesses are examined. Material portion of investigation is not completed and it is urged to dismiss the Criminal Petition. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 7. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioner is entitled for grant of bail?” 8. As seen from the record, the petitioners are residents of Kerala State. So far only 7 witnesses have beenexamined, and material portion of investigation is not completed. The alleged seized contraband is 13.948 kgs. Some more crucial witnesses are to be examined. The source of contraband is to be ascertained. Therefore, the request of enlarging the petitioners on bail at this juncture is not found reasonable. 9. Accordingly, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 16.06.2026 AG 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4623/2026 Date: 16.06.2026 AG