APHC010378482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6138/2026 Between: ALUGU SANGAIYA, S/O. M. ALUGU, AGED ABOUT 44 YEARS,R/O. D.NO.1-62, ANNA INDIRA NAGAR, 3RD STREET RED HILLS, TIRUVALLUR, TAMIL NADU STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Station House Officer,Gannavaram Urban Police Station,Krishna District,Rep. by the Public Prosecutor,High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.6138 of 2026 Dated 30.07.2026 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.1 on bail in Crime No.124 of 2026 of Gannavaram Police Station, Krishna District, registered against the Petitioner/Accused No.1 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.Bhooma Maharshi Reddy, 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. He is the sole breadwinner of his family. 3. The learned counsel for the petitioner further submits that the confession of Accused No.1 shows that he was found in possession of 20.00 kgs of ganja. The FIR also mentions the same quantity, whereas the remand report mentions that the petitioner was found in possession of 21.00 kgs of ganja. Accused No.2 has not been arrested. He was not present at the scene of the offence. The Petitioner undertakes to abide by 3 Dr.YLR,J Crl.P.No.6138 of 2026 Dated 30.07.2026 any conditions that this Court may impose while granting bail to the Petitioner. Hence, it is urged to allow the petition. 4. Per contra, Mr. A. Sai Rohit, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner and submitted that the total contraband involved in the case is 23.00 kgs of ganja. Accused No.1 was found in possession of 21.00 kgs of ganja, whereas Accused No.2 was found in possession of 2.00 kgs of ganja. There is one adverse antecedent reported against the petitioner, in which it is alleged that the petitioner acted as the driver for the illegal transportation of ganja. So far, only three witnesses have been examined. Hence, it is urged to dismiss the Criminal Petition, as the investigation is still pending and some more crucial witnesses are yet to be examined. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner is arrayed as Accused No.1. It is alleged in the confession that he was found in possession of 20.00 kgs of ganja. In the FIR also, the same was mentioned. In the remand report, it is mentioned that the petitioner was found in conscious and unauthorised possession of 21.00 kgs of ganja. Accused No.2 was found in possession of 2.00 kgs of ganja. Thus, in total, 23.00 kgs of ganja is involved in the present case. The merits and demerits of the defence of the accused cannot be considered while deciding the bail application. There is one 4 Dr.YLR,J Crl.P.No.6138 of 2026 Dated 30.07.2026 adverse antecedent reported against the petitioner. In the said case, the petitioner acted as the driver for the illegal transportation of ganja. So far, only three witnesses have been examined. The petitioner was arrested on 22.04.2026. The inventory has been completed, wherein it is disclosed that 21.00 kgs of ganja was found in the conscious possession of the petitioner/Accused No.1. The petitioner is a permanent resident of Tamil Nadu State. He has got fixed abode. The petitioner/Accused No.1 was arrested on 22.04.2026. He has been in the judicial custody for the past 99 days only. 7. 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. 8. 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. 9. 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 1(1999) 9 SCC 429 2(1990) 1 SCC 95 5 Dr.YLR,J Crl.P.No.6138 of 2026 Dated 30.07.2026 enacted stringent provisions under the NDPS Act to effectively combat the menace. 10. 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. 11. 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 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. 12. 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:30.07.2026 RSI 3(2020) 12 SCC 122 6 Dr.YLR,J Crl.P.No.6138 of 2026 Dated 30.07.2026 38 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6138 of 2026 Date: 30.07.2026 RSI