Date of reserved for orders : Nil Date of pronouncement : 14.07.2026 Date of uploading : APHC010325852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5226/2026 Between: 1. ABDUL HADHI JIBIN VKG, S/O ABDUL RASHEED, 21 YEARS,R/O VKC, HOUSE, NEAR GHS, VALAPATTANAMKANNUR DISTRICT, KERALA STATE. 2. NABEEL K N, S/O ABDULLATHEEF K.K, AGED 26 YEARS,R/O E C HOUSE, PERUMANCHERRY, CHEMPAZASSI,MAYYIL, KANNUR DISTRICT, KERALA STATE. 3. MUKRI KOLARATHIKAL SHUHAIB, S/O LATE MUSTAFA, AGED 24 YEARS,R/O MUKRI KOLLAATHINKAL HOUSE,KATTAMBALLI POST, CHIRAKKAL,KANNUR DISTRICT, KERALA STATE. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): K K KOMALAN Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.5226 of 2026 Dated 14.07.2026 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.K.K.Komalan, 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. It is further submitted that the mother of the petitioner/Accused No.3 is not keeping well and that the presence of the petitioner/Accused No.3 is required to take care of her health. However, no document has been filed to show that the mother of the petitioner/Accused No.3 is hospitalized or is not keeping well. There are no adverse antecedents reported against the petitioners. The Petitioners undertake to abide by any conditions that this 3 Dr.YLR,J Crl.P.No.5226 of 2026 Dated 14.07.2026 Court may impose while granting bail to the Petitioners. Hence, it is urged to allow the petition. 3. Per contra, Mr.A.Rohit, 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 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 are 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, which is a commercial quantity as specified at Serial No.23 of the Table notified under clauses 7(a) and 13(a) of Section 2 of ‘the NDPS Act’, vide Notification S.O.1055(E) dated 19.10.2001. Thus, the contraband allegedly seized is of commercial quantity. The provisions of Section 29 of ‘the NDPS Act’ are also squarely applicable to the present case. So far, only seven witnesses have been examined. The investigation is still at a nascent stage. Therefore, the request of the petitioners for enlargement on bail at this juncture is not found to be convincing or reasonable. 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. 4 Dr.YLR,J Crl.P.No.5226 of 2026 Dated 14.07.2026 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 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 1(1999) 9 SCC 429 2(1990) 1 SCC 95 3(2020) 12 SCC 122 5 Dr.YLR,J Crl.P.No.5226 of 2026 Dated 14.07.2026 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. 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:14.07.2026 RSI Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 Dr.YLR,J Crl.P.No.5226 of 2026 Dated 14.07.2026 13 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5226 of 2026 Date: 14.07.2026 RSI