P Naga Sai Vs The State of Andhra Pradesh

Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court Pleased to release the Petitioner/Accused-3 on bail in NSC. No 148 of 2025 on the file of I Addl. District & Sessions Judge cum Special Judge for Trial of offences under NDPS Act, Visakhapatnam and pass

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Counsel for the Petitioner/accused:

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1.DHARANI KUMAR B

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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The Court made the following:

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION NO: 1564 OF 2026

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ORDER:-

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The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ 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.71 of 2023 of K.Kotapadu Police Station, Anakapalli District, registered against the Petitioner herein for the offences 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’).

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Heard Mr.B.Dharani Kumar, learned counsel for the petitioner and Ms.K.Sandeep, learned Assistant Public Prosecutor representing the respondent/State. Perused the record.

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The case of the prosecution is that, on 09.09.2023 the petitioner/Accused No.3, accused Nos.1 and 2 together purchased 22 kgs of ganja and thereafter, he left Paderu and accused Nos.1 and 2 were caught red handed while they were carrying the ganja. The petitioner escaped from the date of offence. After completion of investigation, police filed charge sheet showing the petitioner absconding from the date of offence. As such, NBW

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was issued against the petitioner. As such, police executed NBW against the petitioner and remanded to judicial custody.

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The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime. The learned counsel for the petitioner submits that other accused in this crime were already enlarged on bail and the charge sheet has also been filed. The petitioner undertakes to abide by any condition that this Court may impose while granting bail to the petitioner.

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Ms. K. Sandeep, learned Assistant Public Prosecutor, submits that the petitioner, along with the other accused, was involved in dealing with 22 kgs of ganja. The investigation has been completed and the charge sheet has also been filed. He further submits that the other accused in this crime have already been enlarged on bail and therefore urges this Court to dismiss the Criminal Petition.

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The allegation against the petitioner/Accused No.3 is that he was involved in dealing with 22 kgs of ganja. Undoubtedly, it is a commercial quantity. The petitioner was arrested on 08.01.2026 and has been in judicial custody since then. The other accused in this crime have already been released on bail. The charge sheet has also been filed in this case. Therefore,

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there is no possibility of the petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation. The petitioner is a permanent resident of Minchaalapadu Village, Durgi Mandal, Palnadu District, and has a fixed place of abode. If certain stringent conditions are imposed, there is no likelihood of his absconding or evading the process of law.

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Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.3, this Court is inclined to enlarge the Petitioner/Accused No.3 on bail.

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In the result, the Criminal Petition is allowed with the following stringent conditions:

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i) The petitioner/Accused No.3 shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a 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.

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ii) On release, the petitioner shall appear before the learned trial Court on each and every adjournment without fail.

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iii) The petitioner 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 them from disclosing such facts to the Court or to the investigating or police officer.

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As a sequel, Miscellaneous petitions, if any pending, shall stand closed.

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___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J

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Date: 05.03.2026 S D P

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA