Koppaka Veerababu Vs The State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

Koppaka Veerababu Vs The State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Petitioner No.2/Accused No.3 (Avula Ashok) enlarged on bail subject to stringent conditions; bail refused to Petitioners/Accused Nos.2 and 4 (Koppaka Veerababu and Mekala Lalu Prasad).

Issue for consideration

Whether Petitioner No.2/Accused No.3, who has no criminal adverse antecedents, ought to be enlarged on bail in Crime No. 100 of 2025 (NDPS Act, commercial quantity contraband) under Sections 480 and 483 BNSS. +1 more

Court's answer

Despite the seized ganja being a commercial quantity and the charge sheet having been filed, the Court enlarged Petitioner No.2/Accused No.3 on bail with stringent conditions, as there are no criminal adverse antecedents against him.

Ratio / Principle

Bail to Petitioner No.2/Accused No.3 was made subject to stringent conditions: execution of a bond for Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Nidadavole; appearance before the learned Trial Court on each and every adjournment; not leaving the limits of the State of Andhra Pradesh without prior permission of the Station House Officer concerned; not committing or indulging in any offence in future; and not making any inducement, threat or promise, directly or indirectly, to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.

Key takeaways

Considering the gravity and nature of the allegations against Petitioners/Accused Nos.2 and 4, the Court declined to enlarge them on bail.ratio¶36
In the result, the Criminal Petition is partly allowed - dismissed insofar as Petitioners/Accused Nos.2 and 4 are concerned, and allowed in favour of Petitioner No.2/Accused No.3.ratio¶36

Detailed headnote1 paragraphs

Bail - Ss. 480 & 483 BNSS - NDPS Act, Ss. 8(c) r/w 20(b)(ii)(C) - Alleged dealing in 28.105 Kgs of ganja (commercial quantity) seized from the trunk of the car in which the accused were travelling; spot-arrested on 03.08.2025; charge sheet filed 04.11.2025; 122 days in judicial custody - Petitioner No.2/Accused No.3, having no criminal adverse antecedents, enlarged on bail on executing a bond of Rs.20,000/- with two sureties for the like sum each, subject to stringent conditions: appearance before the Trial Court on every adjournment, no departure from Andhra Pradesh without prior SHO permission, no commission of offences, and no inducement/threat/promise to witnesses - Bail refused to Petitioners/Accused Nos.2 and 4, each having six prior IPC cases, in view of the gravity and nature of the allegations - Criminal Petition partly allowed (Dr. YLR, J.) - Crl.P.No.11744 of 2025, decided 05.12.2025.

[3521]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR^^ FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT:

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAC^ CRIMINAL PETITION NO: 11744 OF 2025

Between:

Koppaka Veerababu, W/o Srinivas, aged 19 years, D.No.3-16/A, Babvujipeta,Gummalldoddi Village & Mandal, East Godavari District.

Avula Ashok, S/o Marayya, aged 21 years, D.No.1-182/A, Taraka Nagar, Gokavaram Village & Mandal, East Godavari District.

Mekala Lalu Prasad, S/o Venkatesu, aged 25 years, D.No. 1-250/1, Sanjeev Nagar,Gokavaram Village & Mandal, East Godavari District. ....Petitioners/Accused No.2,3,4

AND

The State of Andhra Pradesh, Rep. by SHO Nidadavoie Town P.S, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati.

Respondent/Complainant

Petition under Section 480 & 483 of B.N.S.S, is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge them on bail in Cr. No. 100/2025 of Nidadavoie Town Police Station, West Godavari.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI V V NAGA VISHNU TEJA Advocate for the Petitioners, PUBLIC PROSECUTOR Advocate for the Respondent and the Court made the following ORDER

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Dr. YLR,J Crl.PNo.11744 of 2025 Dated 05.12.2025

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 Petitioners/Accused Nos.2 to 4 on bail in Crime No. 100 of 2025 of Nidadavole Town Police Station, East Godavari District, registered against the Petitioners/Accused Nos.2 to 4 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’).

Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

As seen from the record, the allegation against the petitioners/Accused Nos.2 to 4 is that they were allegedly indulged in dealing with 28.105 Kgs of ganja. They were spot-arrested. The seized contraband is commercial quantity. After thorough investigation, charge sheet has been filed on 04.11.2025. The seized contraband was found in the trunk of the car in which the petitioners were travelling. The petitioners were^{arrestedon03.08.2025.} They have been in judicial custody for the past 122 days. Against Accused No.2, there are six IPC cases; they are: 1. Cr.No.244 of 2020, 2. Cr.No.534 of 2019, 3. Cr.No.102 of 2021, 4. Cr.No.102 of 2023, 5. Cr.No.41 of 2023 and 6. Cr.No.98 of 2021. Against Accused No.4, there are six IPC cases; they are:

-Svf

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Dr. YLR.J Crl.RNo.11744 of 2025 Dated 05.12.2025

Cr.No.290 of 2021, 2. Cr.No.366 of 2014, 3. Cr.No.214 of 2019, 4. Cr.No.01 of 2024, 5. Cr.No.446 of 2020 and 6. Cr.No.125 of 2016.

Nevertheless, there are no similar criminal adverse antecedents against the petitioner No.2/Accused No.3. Considering the facts^{andcircumstancesof} the case, this Court is inclined to enlarge the petitioner^{No.2/AccusedNo.3on} bail with the following stringent conditions:

i. The Petitioner No.2/Accused No.3 shall be enlarged^on

bail subject to his executing bond for a sum of Rs.20,000/-

(Rupees Twenty Thousand only) with two sureties for^the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Nidadavole.

ii. The Petitioner No.2/Accused No.3 shall appear before the learned Trial Court on each and every adjournment without fail.

iii. The Petitioner No.2/Accused No.3 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

iv. The Petitioner No.2/Accused No.3 shall not commit or indulge in commission of any offence in future.

V. The Petitioner No.2/Accused No.3 shall not, directly^or indirectly, make any inducement, threat or promise to any

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Dr.YLR.J Crl.PNo.11744 of 2025 Dated 05.12.2025

m

person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the^Court.

Considering the gravity and nature of the allegations^{levelledagainst} Petitioners/Accused Nos.2 and 4, this Court is not^inclinedto enlarge^the Petitioners/Accused Nos.2 and 4 on bail. 6. In the result, the Criminal Petition is partly allowed,^{dismissingthepetition} insofar as Petitioners/Accused Nos.2 and 4, is concerned, and allowing^the petition in favour of Petitioner No.2/Accused No.3.

//TRUE COPY//

SD/-U.SR! DEVI DEPUTY GiSTRAR SECTION OFFICER

To,

The Additional Judicial First Class Magistrate,^Nidadavole.

The I Additional District and Sessions Judge-cum-Special^{CourtforTrial} of Offences under NDPS Act, Eluru, West Godavari District.

The Superintendent, Rajamundry Central Prison, Rajamundry,^East Godavari.

The Station House Officer, Nidadavole Circle P.S,^{WestGodavari.}

One CC to SRI. VV NAGA VISHNU TEJA, Advocate [OPUC]

Two CCs to PUBLIC PROSECUTOR, High Court of Andhra^Pradesh [OUT]

One spare copy

adp

HIGH COURT

DR.YLR.J

DATED; 05/12/2025

BAIL ORDER

CRLP.No.11744 of 2025

ALLOWED