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2026:APHC:22254

APHC010265782026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3396]

(Special Original Jurisdiction)

FRIDAY, THE EIGHTH DAY OF MAY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 4197/2026

Between:

1. K ORRA SETHU ALIAS MR ALIAS RAM, S/O JAMBRI,AGED ABOUT

28 YEARS, OCC COOLIE,R/O GOSAIGONDHI VILLAGE,

TAMMINGALLA PANCHAYAT,CHINTAPALLI MANDAL, ALLURI

SEETHARAMARAJU DISTRICT.

...PETITIONER/ACCUSED

AND

1. T HE STATE OF ANDHRA PRADESH, ,Rep. by its Public

Prosecutor,High Court of A.P., Amaravati,(Through SHO,

Gopalapatnam Police Station,Visakhapatnam City).

...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

1. BASIREDDY GARI SOMANATHESWARA REDDY

Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR

The Court made the following:

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2026:APHC:22254

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION No.4197 of 2026

ORDER:

This Criminal Petition, under Sections 480 and 483 of the BNSS, has

been filed by the petitioner herein/Accused No.7, seeking regular bail, in

Crime No.225 of 2024 of Gopalapatnam Police Station, Visakhapatnam

Commissionerate, registered for the offences punishable under Sections

20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances

Act, 1985 (for brevity ‘the NDPS Act’).

2. Case of the prosecution is that, on 01.10.2024 at 08.00 hours at back

side of Aditya College, Near Burial Ground, Sapthagiri Junction,

Gopalapatnam, wherein the Accused Nos.1 to 5 were found in possession of

36 KGs of Ganja. On interrogation, they revealed that on the instructions of

Accused No.7 they are transporting the said contraband. The contraband was

seized under the cover of mediators report and accused persons were

remanded to judicial custody.

3. Sri B. Somanatheswara Reddy, learned Counsel for the Petitioner,

submits that the petitioner is innocent of the alleged offence. The petitioner

was not arrested at the scene of offence and basing on the confession of co-

accused, the petitioner is arrayed as accused. He would further submit that

the petitioner has been in judicial custody since 08.01.2026. The petitioner is

the sole breadwinner of his family. The petitioner undertakes to abide by any

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condition that this Court may impose while granting bail to the petitioner and it

is urged to allow the petition.

4. Per contra, Mrs.K.Priyanka Lakshmi, learned Assistant Public

Prosecutor, submits that the contraband seized from the possession of

accused persons is 36 Kgs which is a commercial quantity. Statutory period of

180 days is not over. The petitioner herein is the distributor the Ganja at

Araku. Hence, prays to dismiss the petition.

5. As seen from the record, the petitioner has been in judicial custody

since 08.01.2026. The contraband seized from the possession of accused

persons is 36 KGs of Ganja which is a commercial quantity. It is submitted by

the learned Assistant Public Prosecutor that the petitioner herein is the main

distributor of Ganja at Araku and CDRs are there between the accused

persons with the petitioner. It is further submitted by the learned Assistant

Public Prosecutor that statutory period is not over.

6. The Hon’ble Apex Court in State of Kerala v. Rajesh, 2026:APHC:22254 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

a