APHC010286982026 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: 4618/2026 Between: 1. KILLO ASHOK, ,S/O. BASKARA RAO, AGED ABOUT 22 YEARS,R/O. GARIMANDA VILLAGE, BHUDARALLA POST,KOYYURU MANDAL, ALLURI SITHARAMA RAJU DISTRICT. 2. KILLO NAGA ALIAS NAGARAJU, ,S/O. LATE BUJJIBABU, AGED ABOUT 23 YEARS,R/O. GARIMANDA VILLAGE, BHUDARALLA POST,KOYYURU MANDAL, ALLURI SITHARAMA RAJU DISTRICT 3. KORRA SRINU, S/O. LATE CHINNARAO, AGED ABOUT 29 YEARS,R/O. GARIMANDA VILLAGE, BHUDARALLA POST,KOYYURU MANDAL, ALLURI SITHARAMA RAJU DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh. ...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.4618 of 2026 Dated 16.06.2026 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.2 to 4 on bail in Crime No.05 of 2025 of Mampa Police Station, ASR District, registered against the Petitioners/Accused Nos.2 to 4 herein for the offences punishable under Section 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr. G.Maheswara Rao, the learned counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offence and they have been falsely implicated in the alleged offence. They have not committed any offence. They are law-abiding citizens. They have got fixed abode. The Petitioners undertake to abide by any conditions that this Court may impose while granting bail to the Petitioners. Hence, it is urged to allow the petition. 3. Per contra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioners. It is further submitted that though the charge sheet has been filed, the allegations levelled against the petitioners are grave in nature. It is contended that, if 3 Dr.YLR,J Crl.P.No.4618 of 2026 Dated 16.06.2026 the petitioners are released on bail, there is every likelihood of their influencing the prosecution witnesses and interfering with the course of the trial. The petitioners are alleged to have indulged in the possession and transportation of a commercial quantity of ganja. Hence, it is urged to dismiss the petition. 4. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the petitioners/Accused Nos.2 to 4 were allegedly found in possession and transportation of 1212 Kgs of ganja, which is a colossal quantity. The petitioners were arrested on the spot while they were allegedly transporting the ganja in a lorry. After thorough investigation, the charge sheet was filed. All the petitioners are permanent residents of ASR District. They have got fixed abode. 6. However, having regard to the nature and quantity of the contraband involved in the case and the serious allegations levelled against the petitioners, this Court is not inclined to enlarge them on bail at this juncture. 7. In this connection, it is relevant to refer the following decisions of the Hon’ble Apex Court. 8. In Union of India v. Ram Samujh1 the Hon’ble Supreme Court at Paragraph No.7 held as under: “In murder cases the harm is limited to one or two individuals, whereas narcotics offences destroy numerous vulnerable lives 1 (1999) 9 SCC 429 4 Dr.YLR,J Crl.P.No.4618 of 2026 Dated 16.06.2026 and have a deadly impact on society; offenders involved in drug trafficking pose a continuous hazard and are likely to persist in their illicit activities if released, and therefore strict adherence to the legislative mandate is essential.” 9. In Durand Didier v. State (UT of Goa)2 the Hon’ble Apex Court at Paragraph No.24 held as under: “The organised underworld activities and clandestine trafficking of narcotic drugs have caused widespread addiction, especially among adolescents and students, turning the menace into a serious and alarming social problem. To combat this devastating threat with its deadly impact on society, Parliament recognised the need for strong measures. Consequently, it enacted Act 81 of 1985, introducing strict provisions with mandatory minimum imprisonment and fines.” 10. The Hon’ble Apex Court in State of Kerala v. Rajesh3 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 2 (1990) 1 SCC 95 3 (2020) 12 SCC 122 5 Dr.YLR,J Crl.P.No.4618 of 2026 Dated 16.06.2026 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. 11. In view of the law laid down by the Hon’ble Apex Court in Ram Samujh, Durand Didier and Rajesh, the request of the petitioners cannot be considered at this juncture inasmuch as there are no reasonable grounds to believe that the petitioners have not indulged in the commission of the alleged offence. There are no merits in this case for grant of bail to the petitioners. Hence, this Criminal Petition is liable to be dismissed. 12. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date:16.06.2026 RSI 6 Dr.YLR,J Crl.P.No.4618 of 2026 Dated 16.06.2026 141 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4618 of 2026 Date: 16.06.2026 RSI