APHC010526582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10275 OF 2025 Between:

R AMACHANDRAN, S/O. SELVAM, AGED ABOUT 40 YEARS,R/O. KALYANASUNDARAM, POONTHAMALLINAGARSELLUR, MADHURAI, TAMIL NADU STATE.

...PETITIONER/ACCUSED AND T HE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh.

...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1. ADAPA SUDHAKAR RAO Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR 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 Petitioner/Accused No.5 on bail in Crime No.294 of 2022 of Kasimkota Police Station, Anakapalli District, registered against the Petitioner/Accused No.5 herein for the offence punishable under Sections

20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor.

3. The case of the prosecution is that on 04.09.2022, Accused Nos.1 and 3 were spot arrested, while carrying 100 Kgs of ganja and it is a commercial quantity. Accused Nos. 1 and 3, in the course of investigation gave confession that they had purchased the contraband from the Accused No.5. The Petitioner/ Accused No.5 was arrested on 11.07.2025 on execution of PT warrant. He has been in judicial custody for the past 99 days. The Petitioner is a permanent resident of Kalyanasundaram, Poonthamalli Nagar, Sellur, Madhurai, Tamilanadu State. He has got fixed abode. Therefore, he may not have chance of escape from the clutches of law. After thorough investigation Charge Sheet was filed. Except confession of Accused Nos. 1 to 3 impleaded the Petitioner/ Accused No.5 and no concrete material is available with the Investigating Officer in incriminating the Petitioner.

4. Considering the nature and gravity of allegation levelled against the Petitioner, his alleged role played in this case, and the period of detention undergone by the Petitioner, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions:

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

i. The Petitioner/Accused No.5 shall be enlarged on bail subject to his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties each for the like sum each to the satisfaction of the learned II Additional Civil Judge (Junior Division) –cum- XI Additional Metroplitan Magistrate, Anakapalli.

ii. The Petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future.

iii. The Petitioner/Accused No.5 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required.

iv. The Petitioner/Accused No.5 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 him/her from disclosing such facts to the court or to any police officer.

v. The Petitioner/Accused No.5 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer.

6. Accordingly, the Criminal Petition is allowed.

_________________________

DR. Y. LAKSHMANA RAO, J Date: 17.10.2025.

KK