Pangi Balaraju, Vs the State of Andhra Pradesh

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.8 on bail in Cr.No.75 of 2018 of Paderu Police Station, Visakhapatnam, registered against the petitioner/Accused No.8 herein for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

¶20

2

¶21

Dr. YLR, J Crl.P.No.2267 of 2025 Dated 02.05.2025

¶22

The case of the prosecution is that on 21.05.2017, the Investigating Officer and his staff found Accused Nos.1 to 7 in possession of 300 Kgs of Ganja and the contraband was seized under the mediatornama. The Accused Nos.1 to 7 in their confession revealed the role of the petitioner/Accused No.8. Therefore, the police after seven years arrested the petitioner.

¶23

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

¶24

Sri. Kotti Siva, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated by the police; he would abide by any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail.

¶25

Per contra , Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner is a habitual offender, involved in three other offences, and urged to dismiss the bail application.

¶26

As seen from the record, based on the confession of Accused Nos.1 to 7, the petitioner was arrested after seven years. The contraband involved in this case is 300 Kgs of Ganja. The petitioner has

¶27

3

¶28

Dr. YLR, J Crl.P.No.2267 of 2025 Dated 02.05.2025

¶29

been in the judicial custody for the past 190 days. In this case, the Accused Nos.1 to 7 were already enlarged on bail. The charge sheet was also filed. The petitioner is resident of Kosangi Village, Dumbriguda Mandal, ASR District of Andhra Pradesh. If the petitioner is enlarged on bail with stringent conditions, he would not flee away from the clutches of the law.

¶30

Keeping in view of the detention of the petitioner in judicial custody for more than 190 days, his alleged role in the case based on the confession of Accused Nos.1 to 7, this Court is inclined to enlarge the petitioner on bail with the stringent conditions.

¶31

In the result, the criminal petition is allowed with the following conditions:

¶32

i. The petitioner shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Paderu.

¶33

ii. The petitioner shall appear before the Station House Officer, Paderu Police Station, Visakhapatnam, on every

¶34

4

¶35

Dr. YLR, J Crl.P.No.2267 of 2025 Dated 02.05.2025

¶36

Saturday in between 10:00 am and 05:00 pm, till the conclusion of the Trial.

¶37

iii. The petitioner shall not leave the limits of the District without prior permission from the learned Judicial First Class Magistrate, Paderu.

¶38

iv. The petitioner shall not commit or indulge in similar offences in future.

¶39

v. The petitioner shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him.

¶40

_________________________ DR. Y. LAKSHMANA RAO, J

¶41

Date: 02.05.2025 RSI

¶42

5

¶43

Dr. YLR, J Crl.P.No.2267 of 2025 Dated 02.05.2025

¶44

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

¶45

CRIMINAL PETITION No.2267 of 2025