APHC010306902026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4856/2026 Between: GOUTHAM S ALIAS RAJU, S/0. SELLAM ,AGE 37 YEARSA3,NETHAJI STREET,CUMBUM VILLAGE,UTHAMAPALAYANAM TALUKA THENI DISTRICT,TAMILNADU STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep.By its Public Prosecutor,High Court of at AmaravathiThrough Station House Officer,III Tn Rajamundry Police Station,Rajamahendravaram Urban District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: DEVASRI ROSHAN KANCHARLA Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.4856 of 2026 Dated 20.07.2026 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 Petitioner/Accused No.3 on bail in Crime No.889 of 2020 of Rajahmundry III Town Police Station, Rajamahendravarm District, registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.K.Devasri Roshan, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated in the alleged offence. He has not committed any offence. He is a law-abiding citizen. He has got fixed abode. It is further submitted that the only material relied upon by the prosecution against the petitioner/Accused No.3 is the confession statement of Accused No.1. Except for the said confession, no other incriminating material has been placed on record against the petitioner. The Petitioner undertakes to abide by any conditions that this Court may impose while granting bail to the Petitioner. Hence, it is urged to allow the petition. 3. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner and submitted that, 3 Dr.YLR,J Crl.P.No.4856 of 2026 Dated 20.07.2026 though the charge sheet has already been filed, the accusations against the petitioner are well founded. Hence, she prayed that the Criminal 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 involved in dealing with 390 kgs of ganja, which is a commercial quantity. The petitioner was arrested on 03.02.2026 and has been in judicial custody for the past 152 days. He is a permanent resident of the State of Tamil Nadu and he has got fixed place of abode. However, it is also evident from the record that based on the confession statement of Accused No.1; the petitioner was apprehended in the year 2023 in connection with Crime No.113 of 2023. In the present Crime No.889 of 2020, the petitioner had been absconding for more than five and a half years. It is further alleged that, after the commission of the offence in the present case, the petitioner was involved in another offence in the year 2023. So far, only seven witnesses have been examined, and several crucial witnesses are yet to be examined. 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.4856 of 2026 Dated 20.07.2026 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 petitioner cannot be 1(1999) 9 SCC 429 2(1990) 1 SCC 95 3(2020) 12 SCC 122 5 Dr.YLR,J Crl.P.No.4856 of 2026 Dated 20.07.2026 considered at this juncture inasmuch as there are no reasonable grounds to believe that the petitioner has not indulged in the commission of the alleged offence. There are no merits in this case for grant of bail to the petitioner. 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:20.07.2026 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.4856 of 2026 Dated 20.07.2026 121 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4856 of 2026 Date: 20.07.2026 RSI