APHC010302912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs:4777 and 4778/2026 CRIMINAL PETITION NO: 4777/2026 Between: 1. CHINTAM VIJAYABABU ALIAS DUDE, S/O. RAJESH, AGED ABOUT 32 YEARS,ANNAVARAMVILLAGE, NUZVID MANDAL, ELURU DISTRICT2.SHAIK MEHAER BABA, S/O. SALIM, AGED ABOUT 23 YEARS, GANDHI NAGAR, NUZVIDTOWN AND MANDAL ELURU DISTRICT ...PETITIONER/ACCUSED 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 Courtpleased to release the petitioners/A38cA4 on Bail in connection with Crime No. 105 of 2026 of Mylavaram Police Station, NTR District, Dated 28-04- 2026,under 20(b)(ii),(B) NDPS Act 1985 Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR Dr.YLR,J Crl.P Nos.4777 and 4778 of 2026 2 CRIMINAL PETITION NO: 4778/2026 Between: 1. GUPTA HARIJAN, S/O. PAVITRA HARIJAN, AGED ABOUT 20 YEARS,GADDAMANUGULOYA, GADDAMANUGU VILLAGE, G.KONDURU MANDAL,NTR DISTRICT, NATIVE OFDIGISILPA VILLAGE,NABARANGPUR DISTRICT, ODISHA STATE 2. SHAIK ASIF, S/O. MAHMAD, AGED ABOUT 27 YEARS, JANDA CHETTU CENTER, NUZVIDROAD, MYLAVARAM VILLAGE AND MANDAL, NTR DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra PradeshAt 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 Courtmay be pleased to release the petitioners/A2 and A5 on Bail in connection with Crime No. 105 of 2026 of Mylavaram Police Station, NTR District, Dated 28-04- 2026,under 20(b)(ii),(B) NDPS Act 1985 and pass such Counsel for the Petitioner/accused(S): 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR Dr.YLR,J Crl.P Nos.4777 and 4778 of 2026 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Criminal Petition Nos:4777 and 4778 of 2026 The Court made the following Common Order: These Criminal Petition have 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.3 and 4 (in Crl.P No.4777 of 2026) and Petitioners/Accused Nos.2 and 5 (in Crl.P No.4778 of 2026) on bail in Crime No.105 of 2026 of Mylavaram Police Station, NTR Commissionerate, registered against the Petitioners/Accused Nos.2 to 5 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, “the NDPS Act”). 2. Mr. Kakaumanu Joji Amrutha Raju, 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. Therefore, he prays that the present petition be allowed. 3. Per contra, Mr. K.Sandeep, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioners on the ground that serious allegations are leveled against them. It is alleged that accused were found illegal possession, transporation, sale and purchase of about 3 kgs of ganja valued at Rs.90,000/-. The investigation is at a nascent stage. So far, Dr.YLR,J Crl.P Nos.4777 and 4778 of 2026 4 only 10 witnesses have been examined, and some more important witnesses are required to be examined. 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, even though pendency of several cases against the petitioners/adverse antecedents, is not a sole criteria to decide the bail application as laid down by the Hon‟ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh1, wherein at para No.7, it is observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail. The petitioners have not mentioned about the antecedents pending against them by following the mandate of the Hon‟ble Apex Court in Zeba Khan v. State of U.P.,2, wherein, at Paragraph Nos. 47 and 48, it was observed that bail applications are often considered on the basis of prima facie material placed before the Court at different stages of the proceedings. The Court held that non-disclosure of material facts, such as criminal antecedents, prior bail rejections, custody period, and the stage of trial, may result in an erroneous grant or refusal of bail. It was further held that every bail applicant is under an obligation to disclose all material particulars, including criminal antecedents and any coercive processes pending against him, duly supported by an affidavit. Such 1 (2020) 11 SCC 648 2 2026 SCC Online 188 Dr.YLR,J Crl.P Nos.4777 and 4778 of 2026 5 disclosure is necessary to ensure transparency, uniformity, and integrity in bail adjudication. 6. The petitioners are seasonal offenders under the provisions of NDPS Act and IPC. There are altogether seven cases pending against the accused No.3 vide Crime No.181/2026 under Section 324 read with 34 IPC of Nuzvid town Police Station; Crime No.259/2022 under Section 379 read with 34 IPC of Nuzvid Town Police Station; Crime No.112/2023 under Section 498(A), 324 IPC of Nuzvid Town Police Station; Crime No.129/2023 under Section 8(c) read with 20(b)(ii)(B) of NDPS Act of Chinthalapudi Police Station; Crime No.294/2024 under Section 8(c) read with 20(b)(ii)(B) of NDPS Act of Nuzvid Town Police Station; Crime No.500/2024 under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act of Bhavanipuram Police Station; Crime No.343/2024 under Section 8(c) r/w 20(b)(ii)(A) of NDPS Act of Mylavaram Police Station. There are eleven cases pending against the accused No.4 vide Crime No.190/2025 under Section 303(2)-BNS of Nuzvid Town Police Station; Crime No.294/2024 under Section 305(a), 331(4)-BNS of Eluru III Town Police Statiton; Crime No.136/2025 under Section 303(2)-BNS of Agiripalli Police Station; Crime No.191/2025 under Section 303(2)-BNS of Nuzvid Town Police Station; Crime No.294/2025 under Section 303(2)-BNS of Tiruvuru Police Station; Crime No.294/2024 under Section 305(a), 331(4)-BNS of Eluru III Town Police Station; Crime No.296/2025 under Section 303(2)-BNS of Tiruvuru Police Station; Crime No.227/2025 under Section 303(2)-BNS of Eluru II Town Police Station; Crime No.267/2025 under Section 303(2)-BNS of Tiruvuru Police Dr.YLR,J Crl.P Nos.4777 and 4778 of 2026 6 Station; Crime No.57/2024 under Section 8(c), 20(b)(ii)(B)-NDPS Act of Musunuru Police Station; and Crime No.270/2004 under Section 324, 34 IPC of Nagarampalem Police Station. There are two cases pending against the accused No.5 vide Crime No.99/2023 under Section 324 r/w 34 IPC of Mylavaram Police Station; and Crime No.73/2025 under Section 109(1), 115(2), 126(2), 3(5)-BNS of Mylavaram Police Station. There is another crime against accused No.6 vide Crime No.653/2023 under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act of Bhavanipuram Police Station. Accused No.7 is absconding. 7. However, in the instant case, the petitioners are alleged to have been involved in the possession and transportation of 3.00 Kgs of ganja, which is not a commercial quantity. The petitioner was arrested on 29.04.2026. The learned Assistant Public Prosecutor submits that the investigation is not yet completed. Some more material witnesses are yet to be examined. The source of the contraband is also required to be examined. Therefore, enlarging the petitioner on bail at this juncture is not found to be convincing or reasonable. Accordingly, these Criminal Petitions are liable to be dismissed. 8. In the result, these Criminal Petitions are dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. ________________________ DR. Y. LAKSHMANA RAO, J Date:23.06.2026 Ksj Dr.YLR,J Crl.P Nos.4777 and 4778 of 2026 7 134 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Criminal Petition Nos:4777 and 4778 of 2026 23rd June, 2026 Ksj