ANDHRA PRADESH HIGH COURT
Y. Lakshmana Rao, J.
Dhana Khara v. State of Andhra Pradesh
Crl. P. No. 7374 of 2025
1. The Criminal Petition has been filed under S.437 and S.439 of the Code of Criminal Procedure, 1973 (for brevity 'the CrPC') / S.480 and S.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the petitioners / Accused Nos.5 and 6 on bail in Cr.No.57 of 2025 of Gajuwaka Police Station, Visakhapatnam Commissionerate, registered against the petitioners / Accused Nos.5 and 6 herein for the offences punishable under S.20(b)(ii)(C) read with S.8(c), S.25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act').
2. The case of the prosecution is that on 11.02.2025, at about 07.00 hours, on receipt of credible information about illegal possession and transportation of ganja, the City Task Force, Visakhapatnam, along with the staff of Gajuwaka Police Station, secured mediators, rushed to behind More Super Market, VUDA Colony, Kanithi Road, Gajuwaka, Visakhapatnam City, and conducted a raid. During the search, Accused Nos.1 to 8 were apprehended, while A - 9 is absconding. In the presence of mediators, the police seized (1) 184 kgs of ganja, (2) a Kia Seltos car bearing No. OD10U 7595, and (3) eight mobile phones belonging to the accused. The contraband, vehicle, and cell phones were seized under the cover of a mediators' report, and the accused were arrested and remanded to judicial custody.
3. Ms. Bandi Praveena, the learned counsel for the petitioners contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice.
4. Per contra, Ms. P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed.
5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.
6. As seen from the record, the petitioners / Accused Nos.5 and 6 were indulged in possession and transportation of 184.00 kgs of ganja. Although it is a commercial quantity, the petitioners have been languishing in jail since 11.02.2025. Nearly for the past 190 days they have been in judicial custody. The petitioner / Accused No.5 is a permanent resident of Nuaaguda Post, Chitrakonda Taana, Odisha State. The petitioner / Accused No.6 is a permanent resident of Chitrakonda Taana, Malkangiri District, Odisha State. The material portion of the investigation is completed; hence, the petitioners may not have impeded the investigation process. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioners influencing or threatening the witnesses or hampering the investigation may not arise. The Accused Nos.1 and 3 were already enlarged on bail by this Court.
7. The learned Assistant Public Prosecutor submits that there are no adverse antecedent against the petitioners / Accused Nos.5 and 6 and no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioners upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period.
8. S.36A(4) of 'the NDPS Act' states that if the investigati
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