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Date of reserved for orders : Nil Date of pronouncement : 29.06.2026 Date of uploading : APHC010155792026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2379/2026 Between:
ADDURI PRASAD, S/O APPARAO,AGED 30 YEARS, R/O AMBEDKAR COLONY,KOTHAKOTA VILLAGE, RAVIKAMATHAM MANDAL,ANAKAPALLI DISTRICT.
...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, represented by its Public Prosecutor-High Court of A.P., Amaravathi
...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
PARDHA SARADHI A V Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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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.3 on bail in Crime No.158 of 2025 of Nathavaram Police Station, Anakapalli District, registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
2. Sri A.V.Partha Saradhi, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing
submissions, the learned counsel prays that the present petition be allowed in the interest of justice.
3. Per contra, Mr.P.Somayaji, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the
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ongoing investigation and evading the process of law. In view of the foregoing
submissions, it is urged that the petition be dismissed. 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the petitioner is arrayed as Accused No.3. The allegation against him is that he was acting as a pilot by going on a scooty ahead of the car wherein 74.00 Kgs. of ganja was allegedly transported. The seized contraband was not recovered from the possession of the petitioner. The role of the petitioner has come to light based on the confession of Accused No.1. The seized contraband is of commercial quantity. The petitioner was arrested on 26.12.2025. He has been in judicial custody for the past 184 days. There are no similar adverse antecedents reported against the petitioner. So far, eight witnesses have been examined, all of whom are official witnesses. A substantial portion of the investigation with regard to the role played by the petitioner has already been completed. Therefore, the scope for the petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation may not arise. The petitioner is a permanent resident of Anakapalli District and he has got fixed abode. 6. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.3 and no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner
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upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. 7. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.3 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. 8. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.3, this Court is inclined to enlarge the petitioner/Accused No.3 on bail subject to some stringent conditions. 9.
In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. ii. The Petitioner/Accused No.3 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. 5 Dr.YLR,J Crl.P.No.2379 of 2026 Dated 29.06.2026
iii. The Petitioner/Accused No.3 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.3 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. vi. The Petitioner/Accused No.3 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. vii. The petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.06.2026 RSI
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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 2379 of 2026
Date: 29.06.2026 RSI