APHC010478922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9462/2025 Between:

THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE. VISAKHAPATNAM, REP.BY ITS SPECIAL PUBLIC PROSECUTOR/SR STANDING COUNSEL FOR DRL AND DGGI, HIGH COURT SLATE OF ANDHRA PRADESH AT AMARAVATHI.

...PETITIONER/STATE AND

1. SANTHOSH KUMAR SAHOO, AGE 39 YEARS,S/O.

SUDHARSHANSAHOO, KISHOREPRASAD, THANA. GONIA.

DISTRICT NAYAGARH - 752 085.

2. VANTHALACHANTI, S/O KRISHNA,AGE 39 YEARS,S/O. RESIDING AT LOPUDE BNICHIYYAPET, BOPUDI BUTCHIYYAPEL, ANAKAPALLI.

3. KILLO NARSING, S/O.KILLO RAVI, AGE 19 YEARS. RESIDING AT

19, DUPPALAWADA. REVADINIADUGULII. GUDEM KOTHAVEEDHI VISAKHAPATNAM.

...RESPONDENTS/ACCUSED Nos.1 TO 3 Counsel for the Petitioner/State:

1. SANTHI CHANDRA(Sr.STANDING COUNSEL FOR DRI AND DGGI)

Counsel for the Respondents/Accused: 1. KADIYAM NEELAKANTESWARA RAO The Court made the following:

ORDER:

The instant petition under Section 483(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the State / Directorate of Revenue Intelligence seeking cancellation of the bail granted to the Respondents / Accused Nos.1 to 3 under Order dated 16.04.2025 in Crl.M.P.No.379 of 2025 in F.No.DRI/HZU/VRU/48/ENQ-04(Int-04) 2024, DRI, Visakhapatnam by the learned Special Sessions Judge for trial of the cases under the NDPS Act-cum-I Additional District and Sessions Judge, East Godavari, Rajamahendravaram.

2. The case of the prosecution, in epitome, is that, on 05.10.2024 at about 08:00 hours, the officers of the Directorate of Revenue Intelligence, Visakhapatnam Regional Unit, while conducting surveillance at Krishnavaram Toll Plaza, Jaggampeta on NH-16 (Chennai–Kolkata Highway), intercepted a Tata Goods Carrier bearing No. OD2CS2068 and a Maruti Swift Dzire car bearing No. OD25B0009 acting as a pilot vehicle escorting the goods carrier. On inspection, the officers found 24 white HDPE sacks concealed beneath empty fruit crates in the goods carrier, containing 254 packets of ganja (160 packets of 2 kg each and 94 packets of 5 kg each) weighing 808.18 kilograms in total. A-1 to A-3 were apprehended, while two other persons fled from the spot. The contraband, the two vehicles involved, and four mobile phones were seized and the Accused were arrested for offences under the NDPS Act.

3. Heard Ms.Santhi Chandra, learned Senior Standing Counsel for State / DRI and DGGI and Sri Kadiyam Neelakanteswara Rao, learned counsel for Respondents / Accused Nos.1 to 3.

4. Learned Senior Standing Counsel for State / DRI and DGGI would submit that the investigation in the present case has been completed and charge sheet has also been filed before the trial Court on 01.04.2025, which is well within the statutory period. It is further submitted that, certain minor objections raised during scrutiny, and the objections raised by the Court were received by the Complainant on 16.04.2025 and on the same day, bail was granted to Accused Nos.1 to 3 by the trial Court by holding that the prosecution failed to comply with the objections raised and resubmit the charge sheet and also that, no application under Section 36(A) 4 of NDPS Act seeking extension of time for file charge sheet had also not been filed. It is submitted that minor procedural irregularities cannot be used as a basis to grant bail in serious cases involving commercial quantities of narcotics. It is further submitted that there were no substantial objections to be complied with except for producing CD containing photographs pertaining to the invesntory proceedings and creating two separate lists of documents submitted along with the complaint. As such, grant of default bail on that ground is not sustainable under law.

Learned Senior Standing Counsel would further submit that, prima facie case is made out against Ac