APHC010131692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2001/2026 Between:

1. S UBBAN SELVAN, S/O. SUBBAN, AGED 37 YEARS, R/O. D.NO.3-

16/A, POLIYAMPATTI VILLAGE, USILAMPATTI TALUK, MAIKKILARPATTI, MADURAI DISTRICT, TAMILNADU STATE -

625532 ...PETITIONER/ACCUSED AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER, Y. RAMAVARAM POLICE STATION, EAST GODAVARI DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, 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 may be pleased to enlarge the Petitioner on Bail in N.D.P.S. S.C.No.36/2020 on the file of I Additional District and Sessions Judge, Rajamahendravaram Counsel for the Petitioner/accused:

1. VARREY VENKATA NAGA VISHNU TEJA Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2001 OF 2026 ORDER:-

The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in N.D.P.S. S.C.No.36 of 2020 on the file of I Additional District & Sessions Judge, Rajamahendravaram (Crime.No.7 of 2019 of Y.Ramavaram Police Station, registered against the Petitioner herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Heard Mr.V.V.N.V. Teja, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the record.

3. The learned counsel for the petitioner would submit that the police registered a case in Crime No.7 of 2019 of Y.Ramavaram Police Station and the same is numbered as NDPS SC No.36 of 2020. The learned counsel would further submit that the petitioner was already released on bail, he hails from a remote village of Tamilnadu State, due to communication gap between the petitioner and his counsel he could not attend the court, due to which, NBW was issued against the petitioner on 07.01.2025. Subsequently, on 11.02.2026 the petitioner was produced before the Court below on execution of PT warrant and since then he is in Central Prison, Rajamahendravaram. The petitioner is sole bread winner of his family and if he continues in prison, his family will be put to starvation. The petitioner undertakes to abide by any condition that this Court may impose while granting bail to the petitioner.

4. The learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.

5. On perusal of the record, it is evident that the petitioner was released on bail. Subsequently, he remained absent, and a Non-Bailable Warrant (NBW) was issued against him on 07.01.2025. The police, upon execution of the NBW, produced him before the Court below on 11.02.2026, and since then he has been in judicial custody. The record further reveals that, due to the absence of the petitioner/Accused No.1, the trial could not proceed. Except for contending that he could not attend the Court below due to a communication gap between himself and his counsel, the petitioner has failed to provide any valid reason for his absence for more than one year. The petitioner is a resident of the State of Tamil Nadu. Therefore, this Court is of the view that, if the petitioner is released on bail, it would be difficult to secure his presence, thereby stalling the proceedings in NDPS S.C. No. 36 of 2020. Accordingly, there