APHC010290802026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4685 OF 2026 Between: 1. SK MADINUR ALIAS SHEIKH MADINUR, S/O. SK. IMARAJUL,AGED ABOUT 20 YEARS,R/O. NATUN BAMNABAD, KAZIPARA,MURSHIDABAD DISTRICT,WEST BENGAL STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Station House Officer,Renigunta Railway Police StationTirupati District,Rep. by Public Prosecutor,High Court of Andhra Pradesh,Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 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 on bail in Crime No.43 of 2026 of Renigunta Railway Police Station, Tirupati District, registered against the Petitioner/Accused No.1 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. Material averments stemming from the case of the prosecution are that on 18.04.2026 at about 14:00 hours, at Renigunta Railway Station, Platform No.3 (North Side), the Sub-Inspector of Police, Renigunta Railway Police Station, acting on credible prior information regarding the illegal transportation of ganja, the police reached to the spot. A suspicious person carrying a black travel bag attempted to escape but was apprehended. On investigation, the accused had allegedly transporting the ganja from Bhubaneswar to Kerala for monetary gain along with his associates. The police seized 13 kilograms of ganja and the accused was arrested. 3. The learned counsel for the petitioner submits that the petitioner is innocent. He is the sole breadwinner of the family. He was falsely implicated in this case. He is a law-abiding citizen. He has got fixed abode. He would abide by any condition which this Court deems fit to enlarge the petitioner on bail, and it is urged to allow the petition. 3 4. Per contra, Mr. K.Sandeep, the learned Assistant Public Prosecutor, submits that the offence alleged against the Petitioner is grave and serious in nature, involving the possession and transportation of narcotic drugs which have a pernicious effect on society, particularly on youth. Learned Assistant Public Prosecutor further submits that accused Nos.2 to 4 are still absconding. It is argued that the seizure of 13 kilograms of ganja, which is not a commercial quantity under ‘the NDPS Act.,’ and attracts stringent punishment. The prosecution emphasizes that the recovery was affected under due procedure with independent mediators, and the confession of the Accused corroborates the seizure. In such circumstances, granting bail would not only hamper the investigation but also embolden the accused to continue his unlawful activities, thereby posing a serious threat to public order and the larger societal interest and it is urged to dismiss the bail petition. 5. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 6. 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?” 7. The allegation against Petitioner/Accused No.1 is that he is the seller of Ganja, and he was found in possession and transportation of 13 kilograms of Ganja, which is not a commercial quantity. The Petitioner was arrested on 18.04.2026 and has been in judicial custody for the past 60 days. The 4 petitioner is a permanent resident of Natun Bamnabad, Kazipara, Murshidabad District, West Bengal State. He has got fixed abode. The investigation is not yet completed and no witnesses are examined. Though the seized quantity is not commercial in nature, the person to whom the petitioner is supplying the 13 kilograms of ganja is yet to be ascertained. 8. Having regard to the facts and circumstances of the case and in view of the pendency of the investigation, this Court is not inclined to enlarge the petitioner on bail. 9. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.06.2026 BSK 5 176 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4685 OF 2026 Date: 17.06.2026 BSK