Sappa Ashok 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.5 on bail in connection with S.C.NDPS.No.79 of 2026 (arising out of Crime No.210 of 2025 of Kirlampudi Police Station, Kakinada District) on the file of the learned I Additional District and Sessions Judge Rajamahendravaram, registered against the Petitioner/Accused No.5 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’).

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Mr.Gummadi Rawns Solomon, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated in the alleged offence. He has not committed any offence. He is a law-abiding citizen. He has got fixed abode. The Petitioner undertakes to abide by any conditions that this Court may impose while granting bail to the Petitioner. Therefore, he prays that the present petition be allowed.

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Per contra, Mr.A.Rohit, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner and submitted that though the charge sheet has already been filed in the case, the

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Dr.YLR,J Crl.P.No.5257 of 2026 Dated 15.07.2026

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accusations against the petitioner are well founded. Hence, he urged that the petition be dismissed.

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

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As seen from the record, the allegation against the petitioner/Accused No.5 is that he was found in possession and transportation of 24.690 kgs of ganja, which is a commercial quantity. The petitioner was arrested on the spot along with four other accused. The petitioner has been in judicial custody for the past 217 days. The petitioner was arrested on 10.12.2025. After thorough investigation, the charge sheet was filed, and the same has been numbered as NDPS S.C. No.79 of 2026. The charge sheet was filed within the statutory period of 180 days. There is one adverse antecedent reported against the petitioner for the alleged offence punishable under Section 302 of ‘the IPC’.

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Be that as it may, the Petitioner/Accused No.5 is presumed to be innocent until the guilt is proved. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh¹ , at para No.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail.

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Having regard to the entire facts and circumstances of the case, the specific accusations levelled against the petitioner, which are prima facie

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1 (2020) 11 SCC 648

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Dr.YLR,J Crl.P.No.5257 of 2026 Dated 15.07.2026

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well-founded in the charge sheet, the nature and gravity of the offence, this Court is not inclined to enlarge the petitioner/Accused No.5 on bail at this juncture. Accordingly, this Court finds no merit in the Criminal Petition, and the same is liable to be dismissed.

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