APHC010449462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7470/2026 Between: 1. PANGI KESAB ALIAS KESAVA, S/O. DHANA, AGED ABOUT 21 YEARS,R/O. PAPULUR ENUGURAI VILLAGE, KALIMELA BLOCK,MALKANGIRI DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: 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.31 of 2023 Sileru Police Station, Alluri Sitharama Raju 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.Gollapalli Maheswara Rao, learned Counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the Petitioner and submitted that, though the Charge Sheet has already been filed, the accusations against the Petitioner are well‑founded. Hence, it is urged to dismiss the Criminal Petition. 3 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the Petitioner is arraigned as Accused No.3 in this case. The allegation against the Petitioner is that he had cooperated with the other accused in dealing with 61.640 kilograms of ganja, which is undoubtedly a commercial quantity. The alleged offence took place on 26.10.2023. The role of the Petitioner came to light based on the confessional statements of Accused Nos.1 and 2. The Petitioner was arrested on execution of a PT warrant on 03.01.2026 and has been in judicial custody for the past 255 days. 6. There is one similar adverse antecedent reported against the Petitioner vide Cr.No.05 of 2023. After thorough investigation, Charge Sheet has been filed, which is numbered as NDPS S.C.No.280 of 2025 on the file of the learned I Additional District and Sessions Judge, Visakhapatnam, showing the Petitioner as absconding. The Petitioner is a permanent resident of Odisha State. He has got fixed abode. If enlarged on bail, the Petitioner is likely to cooperate with the learned Trial Court for the expeditious disposal of the case. 4 7. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.3, and the period of incarceration undergone by him, this Court is inclined to enlarge the Petitioner/Accused No.3 on bail subject to stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent Conditions: i. The Petitioner/Accused No.3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with two sureties for the like sum each to the satisfaction of the learned I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The Petitioner/Accused No.3 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. iv. The Petitioner/Accused No.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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.09.2026 PRA/VMM 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7470 of 2026 Date: 15.09.2026 PRA/VMM