APHC010042422025 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 Nos: 1040 AND 1240 OF 2025 Criminal Petition No:1040 of 2025:

Between:

THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, VISAKLIAPATNAM, REP.BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT STATE OF ANDHRA PRADESH AT AMARAVATHI.

...PETITIONER/STATE AND TASLIM, S/O MUSTAQ KHAN, H.NO.10, GALI NO.6, VILLAGE JAGAT PUT, BURARI, NORTH DELHI-110984.

...RESPONDENT / ACCUSED No.3 Criminal Petition No:1240 of 2025:

Between:

THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, VISAKHAPATNAM, REP.BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT STATE OF ANDHRA PRADESH AT AMARAVATHI.

...PETITIONER/STATE AND POLESH LOVARAJU, S/O.P.KONDALA RAO, KIMUDUPALLI, KOKKIRAPALLI, A.BANDAVEEDI, G.MADUGULA, VISAKLRAPATNAM.

...RESPONDENT / ACCUSED No.4 Counsel for the Petitioner/State:

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

Counsel for the Respondents/Accused Nos.3 and 4:

1. DUGGIRALA SUBASH The Court made the following:

COMMON ORDER:

The instant petitions under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) have been filed by the State / Directorate of Revenue Intelligence seeking cancellation of the bail granted to the Respondents / Accused Nos.3 and 4 under Orders dated 20.09.2024 in Crl.M.P.Nos.1256 and 1257 of 2024 in NDPS S.C.No.51 of 2024 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. As the Complainant and Accused Nos.3 and 4 in these petitions relate to the same case, for ease of understanding, they are disposed of by this common order.

3. The case of the prosecution, in epitome, is that, on 15.02.2024 at about 20.45 hours, the Officers of Directorate of Revenue Intelligence, his staff and mediators conducted surveillance on NH-16 road towards Vijayawada on Chennai-Kolkata Highway, near new Swagat Hotel, Dhaba-2, Godavari 4^th Bridge, Diwancheruvu, Rajamahendravaram, noticed a water tanker attached with a tractor bearing No.AP 05 CB 1639 with two persons and also two other persons on a Bajaj Pulsar motorcycle closely escorting the said tractor, who are Accused Nos.1 to 4 and intercepted them. On search, they found 790.73 kgs of Ganja and seized the same along with the vehicles under the cover of mediators’ report.

4. Heard Ms.Santhi Chandra, learned Senior Standing Counsel for State / DRI and DGGI and Sri Duggirala Subhash, learned counsel for Respondents / Accused Nos.3 and 4.

5. 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 12.08.2024, which is well within the statutory period. It is further submitted that, certain minor objections raised during scrutiny, were also complied with and the charge sheet was also numbered as NDPS S.C.No.51 of 2024. However, the learned trial Judge, considering the submission of the learned Special Public Prosecutor that charge sheet was not filed even after lapse of statutory period, had granted statutory bail to Accused Nos.3 and 4 by holding that charge sheet was not filed even after lapse of 180 days and also no application under Section 36A(4) of NDPS Act has been filed seeking extension of time for filing charge sheet. 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 the learned trial Court considered the date of representation of the charge sheet as the actual filing date and granted bail on the premise that the cha