Siragam Darababu Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

Siragam Darababu Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Petitioner/Accused No.1 enlarged on bail in Crime No.117/2024 of A. Koduru P.S., Anakapalli District, subject to: (i) personal bond of Rs.10,000/- with two sureties of like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Visakhapatnam; and (ii) weekly appearance before the Station House Officer every Sunday between 10.00 a.m. and 05.00 p.m. till filing of the charge sheet.

Issue for consideration

Whether petitioner/Accused No.1 should be enlarged on bail pending disposal of Crime No.117/2024 of A. Koduru P.S., Anakapalli District (offences under Sections 20(b)(ii)(C), 25 read with 8(c) NDPS Act). +1 more

Court's answer

In view of the facts and circumstances of the case (nothing seized from the petitioner except on the co-accused's confessional statement, and investigation substantially complete except filing of charge sheet), the Court granted bail to the petitioner/Accused No.1 on specified conditions.

Ratio / Principle

Condition 1: the petitioner/A1 shall be released on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each, to the satisfaction of the learned I Additional District and Sessions Judge, Visakhapatnam.

Key takeaways

Condition 2: on release, the petitioner shall appear before the Station House Officer concerned once in a week, i.e., every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet (continuing in next paragraph: 'a.m. and o5.00 p.m., tj" filing of charge sheet.').ratio¶31
Ground for bail: on perusal of the record, pursuant to the confessional statement of co-accused nothing was seized from the petitioner to connect him with the crime; his arrest and remand to judicial custody rested on that confessional statement.ratio¶27

Detailed headnote1 paragraphs

Bail granted - NDPS Act (ganja): High Court of Andhra Pradesh at Amaravati (K. Sreenivasa Reddy, J.), Criminal Petition No. 525 of 2025 under Sections 480 and 483 BNSS, decided 12-02-2025, allowed bail to petitioner/Accused No.1 (aged about 24 years) in Crime No.117/2024 of A. Koduru Police Station, Anakapalle District, registered under Sections 20(b)(ii)(C), 25 read with 8(c) of the NDPS Act following seizure of 76 kgs of ganja from co-accused A2 to A5 on 20.09.2024. The petitioner, arrested on 09.11.2024, was granted bail because, pursuant to the confessional statement of co-accused, nothing had been seized from him to connect him with the crime, and the major part of the investigation was complete except filing of the charge sheet (A3 and A4 had already been enlarged on bail by this Court). Conditions: personal bond of Rs.10,000/- (Rupees ten thousand only) with two sureties of a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Visakhapatnam; and appearance before the Station House Officer concerned once a week, every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet.

--se

lN THE HIGH COURT-OF ANDHRA PRADESH AT AMAR/Jt, WEDNESDAY, THE TWELFTH DAY OF FEBRUARY,

TWO THOUSAND AND TWENTY FIVE

THE HONOURABLE SR[ JUSTICE K SREENIVASA RE CRIMINAL PETITION NO: 525 OF 2025

Betwee n :

/..-

s'lragam Darababu, S/o. Nagaraju, aged about 24 years, R/o. Gotchari village, Guda Post, Hukumpeta Manda[, Allur'l Sitharama Raju District.

...pet-ltioner/Accused No.1

AND

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh.

...Respondent

petition under section 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), pray®lng that in the circumstances stated in the memorandum of grounds filed in support of the cr-[minal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.1 on bail pending disposal of Crime No.117/2024 ofA. Koduru P.S., Anakapalli Distr-let.

E=

counsel forthe Petitioner : Sri Gollapalli Maheswara Rao Counsel for the Respondent : Assistant Public Prosecutor./

The Court made the following

ORDER:

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

CRIMINAL PETITION NO: 525 OF 2025

ORDER:

This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, seeking bail, in Crime No.117/2024 of A.Koduru Police Station, Anakapalle District.

A case has been registered against the petitioner and others for the offences under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act.

Case of the prosecution is that on 20.9.2024 at about 4.30 pm, on receipt of credible information regarding illegal possession and transportation of ganja, the S.I of Police, A.Koduru Police Station, along with staff reached Anandapuram Village, K.Kotapadu Mandal and started conducting vehicle checking. At that time, they found one auto bearing registration no.AP 31 TN 3672 coming from Gotchari to Sabbavaram and on seeing the police the inmates in the auto stopped the auto and tried to escape. Then police apprehended A2 to A5 whereas A6 escaped. On interrogation, A2 to A5 disclosed their identity particulars and police seized 76kgs of ganja from thel'r possession. They confessed that they purchased the same from Al in Odisha State. Police seized the vehicle and the contraband, arrested the accused and got remanded to judicial custody. Police arrested the petitioner on o9.ll.2024.

EE

2

Heard. perusedtherecord.

Learned Asslstant public Prosecutor submI'tS that major part of the investigation is completed except filing of charge sheet. He further submits that A3 and A4 were arrested and they were enlarged on ba" by thI-S Court. 6. A perusal of the material avaI'lable

on record goes to show that the petjt,'oner was arrested and remanded to judl'cial custody on o9." 2024. police on credible Information seized 76 kgs of ganja from A2 and A5. pursuant to the confessI|Onal statement of co-accused, nothI'ng has been seized from the petl'tloner to connect the petitl'oner with the crime. BasI'ng on the confessional statement of co-accused, the petI-tI'Oner has been arrested and remanded to J'udl'Cjal custody.

ln view of the aforesaid facts and circumstances of the case, thl-s court js incllned to grant ba" to the petltIOner/Al herein, on the followI'ng COnditions.

(I|) The petltI'Oner/Al hereln Sha" be released on his executing a

personal bond for Rs.10,000/-(Rupees ten thousand only) wI'th two sureties for a like sum each to the satl'sfactI-On of the learned I Addl'tionaI DI'StrI'Ct and Sessions Judge, vI'Sakhapatnam,I

(ii) on release, the petitioner sha" appear before the stall-On House officer concerned once I-n a week i.e. on every sunday between 10.00

a.m. and o5.00 p.m., tj" filing of charge sheet.

------_rwl__s6_Zrffu-I--I

Accordingly, the criml-nal petition is al,owed. sD/_SK MD RAFl

GISTRAR ASSIS

FFiCER //TRUE COPY//

For I ___.l\HR

To,

The I Addl-tional District & session Judge-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam.

The Superintendent, central prison, visakhapatnam, visakhapatnam Dl-strict.A -I - I __ -_ -_-----

The Station House offl-cer, A.Koduru Police Station, Anakapalli District.

One CC to Srl' Gollapalli Maheswara Rao, Advocate [opuc]

Two CCs to Public Prosecutor (AP) High Court of Andhra pradesh [ouT] 4. Onespare copy

` \

HIGH COURT

SRK,J

DATED : 12/02/2025

BAIL ORDER

CRLP.No.525 of 2025

ALLOWED