APHC010316702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5067/2026 Between: 1. SATHYANARAYANA MEENA, S/O. BABULAL MEENA,AGED ABOUT 44 YEARS,R/O. DEOPURA, TONK,RAJASTHAN. ...PETITIONER/ACCUSED AND 1. UNION OF INDIA, Rep. by the Inspector,Narcotics Control Bureau,Visakhapatnam Zonal Unit,First floor. Block B, VMRDA VUDA Complex,Siripuram, Visakhapatnam - 530003.Rep. by Special Public Prosecutor, NCB ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. DUGGIRALA SUBASH Counsel for the Respondent/complainant: 1. SURESH KUMAR ROUTHU (SPL PP FOR NCB) 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.3 on bail in NCB/VSZU/CCR.No.04 of 2025 of Narcotics Control Bureau, Visakhapatnam Zonal Unit registered for the 2 offences punishable under Sections 8(c) read with 20(b)(ii)(C), 28, 29 & 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Ms.P.Aasleasha, learned counsel representing Mr.Duggirala Subash, learned counsel for the Petitioner, submits that Accused No.3 has not committed any offence. It is submitted that Accused Nos.1 and 2 had taken on hire the truck bearing registration No.RJ 14 GG 2756, belonging to the Petitioner, and altered its features to facilitate the transportation of 326.49 kilograms of ganja. The Petitioner is willing to abide by any conditions that may be imposed by this Court for grant of bail, particularly in view of the fact that the investigation has been completed and the charge sheet has already been filed. Hence, it is urged to allow the Criminal Petition. 3. Mr.Suresh Kumar Routhu, learned Special Public Prosecutor for NCB, has filed a counter, wherein it is stated that the Petitioner is a seasonal offender who had designed the truck specifically for clandestine transportation of 326.49 kilograms of ganja. It is further submitted that the Petitioner failed to disclose his previous criminal antecedents, despite being involved in three NDPS cases, viz., Crime No.07 of 2019 under Section 8/20 of ‘the NDPS Act’ dated 12.10.2019 at Pithora Police Station, Mahasamudra District, Chhattisgarh; Crime No.15 of 2021 under Section 8/29 of ‘the NDPS Act’ dated 13.01.2025 at Dooni Police Station, Tonk District, Rajasthan; and 3 another case under Section 279 of the Indian Penal Code, 1860 1 at Shivdaspur Police Station, Jaipur, Rajasthan. 4. In this regard, it is apposite to refer to the judgment 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 disclosure is necessary to ensure transparency, uniformity, and integrity in bail adjudication. Hence, it is urged to dismiss the Criminal Petition. 5. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. On perusal of the record, the allegation against the Petitioner is that he consciously and illegally provided his truck for transportation of 326.49 kilograms of ganja. The seized ganja from Accused Nos.1 and 2 is a commercial and colossal quantity. It is further alleged that there were call transactions between the Petitioner and Accused Nos.1 and 2, and that the Petitioner, being the owner of the truck, had specifically designed the vehicle 1 ‘the I.P.C.,’ 2 2026 SCC Online 188 4 to enable such clandestine transportation. The Petitioner was arrested on 12.08.2025. He has been in the judicial custody for the past 344 days only. 7. In this connection, it is relevant to refer the following decisions of the Hon’ble Apex Court. In Union of India v. Ram Samujh3, 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)4, 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. Rajesh5, 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 Zeba Khan, Ram Samujh, Durand Didier and Rajesh, the request of the Petitioner cannot be 3 (1999) 9 SCC 429 4 (1990) 1 SCC 95 5 (2020) 12 SCC 122 5 considered at this juncture inasmuch as the accusation is well‑founded. 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:22.07.2026 PRA 6 48 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5067 of 2026 Date: 22.07.2026 PRA