APHC010141452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2202/2026 Between:

1. S IVA SANKAR KALIDINDI,, S/O SRINIVASA RAO. AGED ABOUT 35 YEARS, PRIVATE JOB, R/O D.NO.3-215, 3RD WARD, ATKUR VILLAGE, UNGUTUR MANDAL, KRISHNA DISTRICT ...PETITIONER/ACCUSED AND

1. T HE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to release the Petitioner / Accused No.1 on bail in connection with Crime No. 30 of 2025 dated: 21.10.2025 on the file of Gudam Kotha Veedhi (G.K) Police Station, Alluri Sitharma Raju District, registered under Section 20 (b)(ii)(C),25 r/w 8(c) of NDPS Act, 1985 Counsel for the Petitioner/accused:

1. K K KOMALAN Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2202/2026

ORDER:

This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused No.3, seeking regular bail, in Crime No. 30 of 2025 dated: 21.10.2025 on the file of Gudam Kotha Veedhi (G.K) Police Station, Alluri Sitharma Raju District, registered for the offence punishable under Sections 20 (b)(ii)(C), 25 r/w 8(c)of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. None represented for the petitioner. The petitioner herein is the Accused No.1, who has been in judicial custody since 21.10.2025. Since this is a regular bail application, this Court is inclined to proceed with the matter as the right and liberty of the individual is involved.

3. The case of the prosecution in brief is that the petitioner was found in possession of 41.740 Kgs of Ganja while he was transporting the same by Swift Dzire Car bearing registration No. AP39 KM 4224 .

4. Mrs. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, vehemently opposed the petition and submitted that the contraband involved in the present case is a commercial quantity of 41.740 kilograms of Ganja and that the petitioner has been in judicial custody since 21.10.2025. The petitioner was arrested while he was in possession of the contraband. She would further submit that the statutory period has not yet been completed and that the investigation is still pending. Learned Assistant Public Prosecutor therefore prayed for dismissal of the petition.

5. Considering the submissions and a fair look on the material placed before this Court, it is a case involving 41.740 Kgs of Ganja, which is a commercial quantity. The statutory period is not yet completed and the investigation is still pending. At this juncture, this Court is not inclined to release the petitioner on bail.

6. The Hon’ble Apex Court in State of Kerala v. Rajesh¹ at Paragraph Nos.8, 19, 20 and 21 held as under:

8. To curb the spread of dangerous drugs, Parliament has mandated that an accused under the NDPS Act cannot be granted bail unless there are reasonable grounds to believe he is not guilty and will not commit offences while on bail. The High Court failed to justify ignoring these mandatory conditions when releasing the accused. Instead of considering the grave socio-economic and health consequences of illegal drug trafficking, the court ought to have enforced the law in the spirit intended by Parliament.

19. Section 37 imposes additional, overriding restrictions on the grant of bail, beyond those under Section 439 CrPC, through its non obstante clause. It prohibits bail unless two mandatory conditions are met: the prosecution is given an opportunity to oppose, and the court is satisfied that there are reasonable grounds to believe the accused is