APHC010449522026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 7476 and 7481 of 2026 CRIMINAL PETITION NO: 7476/2026 Between: 1. ALLAA AMEEN, S/0 ANWAR ALI, AGED 39 YEARS, R/0, TADIPATRI VILLAGE, VADDADI MADUGULA MANDAL, NATIVE OF KINCHUMANDA, ALLURI SITA RAMA RAJUDISTRICT ERSTWHILE VISAKHAPATNAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, THROUGH THE SFIO,THOTLAVALLURU PS, KRISHNA DISTRICT, HIGH COURT OF ANDHRA PRADESH AT AMRAVATI. ...RESPONDENT/COMPLAINANT CRIMINAL PETITION NO: 7481/2026 Between: 1. DURAI MOHAN KUMAR, S/0 DURAI, AGED 45 YEARS, R/0, D.NO.22/26,LAKSHMANAPURAM, 3 STREET, DINDIGAL, TAMILNADU. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, THROUGH THE SHO,THOTLAVALLURU PS, 2 KRISHNA DISTRICT, HIGH COURT OF ANDHRA PRADESH AT AMRAVATI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PANGI RAJU BABU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These two Criminal Petitions are heard together and are being disposed of by this Common order, as the Petitioners in the two petitions are different, but the crime registered against them is one and the same. 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 Petitioners/Accused Nos.2 and 3 on bail in Cr.No.48 of 2026 on the file of Thotlavalluru Police Station, Krishna District, registered for the alleged offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.P. Raju Babu, learned counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence and they have been falsely implicated by the Police. It is further submitted that the Petitioners are the sole earning members of their family and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly 3 adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petitions be allowed in the interest of justice. 3. Per contra, Mr.A.Sai Rohith, learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submits that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petitions be dismissed. 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, this Court, by order dated 29.06.2026 in Crl.P.Nos.4686, 4687 and 4691 of 2026, dismissed the first bail applications filed by the Petitioners/Accused Nos.1 to 3 on the ground that the statutory period of judicial custody had not been completed and that the investigation was still pending. The Petitioners were arrested on 10.03.2026 and have remained in judicial custody for the past 180 days. The learned Assistant Public Prosecutor submits that he has no information regarding the filing of any application seeking extension of the remand period of the Petitioners beyond 180 days from the date of the initial order of judicial remand. The Petitioners are alleged to have been involved in dealing with 52 kilograms of ganja, which constitutes a commercial quantity. Though the investigation has 4 not yet been completed and the charge sheet has not been filed, no order extending the period of remand beyond 180 days appears to have been passed by the learned Sessions Judge. 6. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioners/Accused Nos.2 and 3, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail subject to stringent conditions. 7. In the result, the Criminal Petition is allowed with the following conditions: i. The Petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to their executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned X Additional Judicial First Class, Magistrate Court, Vuyyuru. ii. The Petitioners/Accused Nos.2 and 3 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioners/Accused Nos.2 and 3 shall not commit or indulge in commission of any offence in future. iv. The Petitioners/Accused Nos.2 and 3 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required. v. The Petitioners/Accused Nos.2 and 3 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. 5 vi. The Petitioners/Accused Nos.2 and 3 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 07.09.2026 KMS 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 7476 and 7481 of 2026 Date: 07.09.2026 KMS