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2026 DAILYLAW 5974 (AP)

Sanjay Kumar Roy v. union of india

CRLP/5561/2026 · 2026-07-14

Y Lakshmana Rao

body2026

Judgment text

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APHC010345922026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE 15th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5561/2026 Between: SANJAY KUMAR ROY, S/O VISWANATH ROY, AGED ABOUT 35 YEARS,R/O VIKAS NAGAR, RATU ROAD, PISKA MORE,RANCHI CITY,STATE OF JHARKHAND. ...PETITIONER/ACCUSED AND 1. UNION OF INDIA, REP., BY ITS SPECIAL PUBLIC PROSECUTORNARCOTIC CONTROL BUREAU, VISAKHAPATNAMZONAL UNIT, HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATI 2. THE STATE OF ANDHRA PRADESH, REP. BY ITSPUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATI ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: K ASAD AHAMED Counsel for the Respondent/complainant(S): SURESH KUMAR ROUTHU (SPL PP FOR NCB) 2 Dr.YLR,J Crl.P.No.5561 of 2026 Dated 15.07.2026 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.2 on bail in Crime No.01 of 2025 of Narcotics Control Bureau, Visakhapatnam Zone, Visakhapatnam District, registered against the Petitioner/Accused No.2 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. Sri S. Shyam Sunder Rao, learned Special Public Prosecutor for ACB, representing Mr. K. Asad Ahamed, learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and has been falsely implicated in the case. He has not committed any offence. He is a law-abiding citizen and has a fixed abode. The petitioner undertakes to abide by any conditions that this Court may impose while granting bail. Therefore, he prays that the present Criminal Petition be allowed. 3. Per contra, Mr. A. Rohit, learned Assistant Public Prosecutor, and Ms. Durga Gayatri, learned counsel representing Sri Suresh Kumar Routhu, learned Special Public Prosecutor for NCB, vehemently opposed the grant of bail to the petitioner and submitted that, though the charge sheet has 3 Dr.YLR,J Crl.P.No.5561 of 2026 Dated 15.07.2026 already been filed, the accusations against the petitioner are well founded. Hence, they prayed that the Criminal Petition be dismissed. 4. Heard the learned Special Public Prosecutor for ACB appearing on behalf of the petitioner, the learned Special Public Prosecutor for NCB, and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, this is the second bail application filed by the petitioner/Accused No.2. On the earlier occasion, a learned Single Judge of this Court, by order dated 07.02.2026 passed in Crl.P.No.11104 of 2025, dismissed the first bail application filed by the petitioner, holding that the accusations against him are well founded as per the averments made in the charge sheet. The contraband seized in the present case is 778.520 kgs of ganja, which is not only a commercial quantity but also a colossal quantity. 6. Having regard to the entire facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.2, and in view of the fact that there is no change in the circumstances from the date of dismissal of the first bail application till the filing of the present (second) bail application, this Court is not inclined to enlarge the petitioner/Accused No.2 on bail at this juncture. Hence, this Court finds no merit in the Criminal Petition. Accordingly, the Criminal Petition is liable to be dismissed. 4 Dr.YLR,J Crl.P.No.5561 of 2026 Dated 15.07.2026 7. 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: 15.07.2026 RSI 5 Dr.YLR,J Crl.P.No.5561 of 2026 Dated 15.07.2026 147 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5561 of 2026 Date: 15.07.2026 RSI