APHC010407862026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 11th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6703/2026 Between: ANTHONY PANDI SELVI, W/O. ANTHONY,AGE 35 YEAR,R/O. 550/6, NARIKURAVAR COLONY,MANTHITHOPPU, THOOTHUKKUDI MANTHITHOPE TAMILNADU - 628502. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, through Station House officer Krishnalanka Police Station Vijayawada Rep. by Public Prosecutor,High Court t Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: GARUGU N V DURGA SAI EKAMBARAM Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.6703 of 2026 Dated 11.08.2026 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.86 of 2026 of Krishnalanka Police Station, NTR 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.G.N.V.D.S.Ekambaram, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and has been falsely implicated in the alleged offence. The petitioner is a lady aged about 35 years. She has two minor children. She has not committed any offence. She is a law-abiding citizen. She has got fixed abode. 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, 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 24.950 kgs of ganja. Accused No.1 was found in possession of 8.330 kgs of ganja, whereas Accused No.2 was found in possession of 8.480 kgs of ganja. The petitioner/Accused No.3 was 3 Dr.YLR,J Crl.P.No.6703 of 2026 Dated 11.08.2026 found in possession of 8.140 kgs of ganja. So far, only ten 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. 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 petitioner is a female aged about 35 years and has two minor children. The petitioner is a permanent resident of Tamil Nadu State. She has got fixed abode. There are no similar adverse antecedents reported against the petitioner. The allegation against the petitioner is that she was found in possession and transportation of 8.140 Kgs. of ganja. The petitioner was arrested on 21.05.2026. She has been in judicial custody for the past 82 days. There are two other accused. Accused No.1 was found in possession of 8.330 Kgs. of ganja and Accused No.2 was found in possession of 8.480 Kgs. of ganja. Thus, in total, the contraband seized from the possession of the accused is 24.950 Kgs. of ganja, which is a commercial quantity. Section 29 of ‘the NDPS Act’ would squarely apply to the facts and circumstances of the case. The petitioner and the other accused have shared a common intention in the transportation of a commercial quantity of ganja. So far, only ten witnesses have been examined. The material portion of the investigation is also not completed. 4 Dr.YLR,J Crl.P.No.6703 of 2026 Dated 11.08.2026 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. 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. 1(1999) 9 SCC 429 2(1990) 1 SCC 95 3(2020) 12 SCC 122 5 Dr.YLR,J Crl.P.No.6703 of 2026 Dated 11.08.2026 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 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 and that she would not commit any offence if she is released on bail. 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:11.08.2026 RSI 6 Dr.YLR,J Crl.P.No.6703 of 2026 Dated 11.08.2026 32 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6703 of 2026 Date: 11.08.2026 RSI