Date of reserved for orders : Nil Date of pronouncement : 01.07.2026 Date of uploading : APHC010316652026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5066/2026 Between: 1. ABDUL HADHI JIBIN VKC, S/O. ABDUL RASHEED, AGE 21 YRS,R/O. VKC HOUSE, NEAR GHS, VALAPATTANAM, KANNUR DISTRICT,STATE OF KERALA. 2. NABEEL KN, S/O. ABDULLATHEEF K.K., AGE 26 YRS,R/O. E.C. HOUSE, PERUMACHERY, CHERUPAZASSI MAYIL, KANNUR DISTRICT,STATE OF KERALA. 3. MUKRI KOLARATHIKAL SHUHAIB, S/O LATE MUSTHAFA, AGE 24 YEARS,R/O MUKRI, KOLLATHINKAL HOUSE, KATTAMBALLI POST, CHIRAKKAL, KANNURDISTRICT, STATE OF KERALA. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Judicature of Andhra Pradeshat Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.5066 of 2026 Dated 01.07.2026 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.1 to 3 on bail in Crime No.128 of 2026 of Pendurthy Police Station, Visakhapatnam District, registered against the Petitioners/Accused Nos.1 to 3 herein for the offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.D.Ramkoteshwar 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, the learned Assistant Public Prosecutor submits that the investigation is not completed. Some more material witnesses are to be examined. The petitioners have indulged in possession and 3 Dr.YLR,J Crl.P.No.5066 of 2026 Dated 01.07.2026 transportation of 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 were arrayed as Accused Nos.1 to 3. The allegation against the petitioners is that they were found in possession of 1.00 kg of Hashish Oil. As per the Table prepared under Sections 2(vii-a) and 2(xxiii-a) of ‘the NDPS Act’, read with Serial No.23, 1.00 kg of Hashish Oil constitutes a commercial quantity. So far, only our witnesses have been examined. A substantial portion of the investigation has not yet been completed, and some more material witnesses are yet to be examined. The petitioners are residents of the State of Kerala. Though there are no similar adverse antecedents reported against the petitioners, they have been in judicial custody for the past 95 days only, pursuant to their arrest on 28.03.2026. 6. Further, statutory period of judicial remand for 180 days is also not completed. In this connection, it is relevant to refer the following decisions of the Hon’ble Apex Court. 7. In Union of India v. Ram Samujh1, the Hon’ble Supreme Court at Paragraph No.7 observed that narcotic offences have a grave and far- reaching impact on society, destroying numerous lives. The Court further 1(1999) 9 SCC 429 4 Dr.YLR,J Crl.P.No.5066 of 2026 Dated 01.07.2026 held that drug traffickers pose a continuing threat to society and, therefore, the statutory restrictions must be strictly enforced. 8. In Durand Didier v. State (UT of Goa)2, the Hon’ble Apex Court at Paragraph No.24, observed that illicit trafficking of narcotic drugs has become a serious social menace, particularly affecting the youth. The Court further noted that, in view of its devastating impact on society, Parliament enacted stringent provisions under the NDPS Act to effectively combat the menace. 9. The Hon’ble Apex Court in State of Kerala v. Rajesh3, at Paragraph Nos.8, 19, 20 and 21,held that bail under the NDPS Act can be granted only upon strict compliance with the mandatory conditions prescribed under Section 37. The Court further observed that "reasonable grounds" require substantial material showing that the accused is not guilty, and recording such a finding is a sine qua non for grant of bail. 10. Considering the entire facts and circumstances of the case and 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. 2(1990) 1 SCC 95 3(2020) 12 SCC 122 5 Dr.YLR,J Crl.P.No.5066 of 2026 Dated 01.07.2026 11. 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:01.07.2026 RSI Whether the order is: Speaking Reasoned Reportable Non-reportable 6 Dr.YLR,J Crl.P.No.5066 of 2026 Dated 01.07.2026 139 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5066 of 2026 Date: 01.07.2026 RSI