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2026:APHC:21328

APHC010258572026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3396]

(Special Original Jurisdiction)

THURSDAY,THE SEVENTH DAY OF MAY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 4098/2026

Between:

1. GUDA BOJJAM NAIDU ALIAS NAIDU, ,S/O. LATE VENKANNA, AGED

ABOUT 40 YEARS,R/O. DOMALODDU VILLAGE, BONGARAM

PANCHAYAT,PEDABAYALU MANDAL, ALLURI SITHARAMA RAJU

DISTRICT.

...PETITIONER/ACCUSED

AND

1. THE STATE OF ANDHRA PRADESH, Rep by its Public

Prosecutor,High Court of Andhra Pradesh at Amaravati.

...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 Courtpleased to enlarge the Petitioner/Accused

No.5 on bail pending disposal of Crime No.177/2025 of Kasimkota P.S.,

Anakapalli District and to pass

Counsel for the Petitioner/accused:

1. GOLLAPALLI MAHESWARA RAO

Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR

The Court made the following:

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2026:APHC:21328

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 4098/2026

ORDER:

his Criminal Petition, filed under Sections 480 and 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), is filed by the

petitioner/Accused No.5 seeking regular bail in connection with Crime No.177

of 2025 of Kasimkota Police Station, Anakapalli District, registered for the

offence punishable under Section 8(c) read with Section 20(b)(ii)(C) of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS

Act”).

2. The case of the prosecution, in brief, is that on 02.08.2025 at about 1:00

PM, near Sattemma Thalli Colony Turning Junction, Kasimkota, the police, in

the presence of mediators including Revenue officials, intercepted the

accused persons while they were allegedly transporting ganja. It is alleged

that Accused Nos.1 to 5 were found in possession of 262 kilograms of ganja

packed in 131 packets and kept in seven gunny bags, which were being

transported in a Mahindra Scorpio bearing Registration No.AP 31 CU 2356,

while two of the accused allegedly acted as pilots on a TVS Jupiter Scooty

bearing Registration No.AP 40 BW 7712. During the raid, one accused

allegedly escaped. The police arrested Accused Nos.1 to 4 on the spot and

seized the contraband, four mobile phones, the above vehicles, and cash of

Rs.3,200/- under the cover of a mediators’ report. Subsequently, the arrested

accused were remanded to judicial custody on 02.08.2025. The present

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2026:APHC:21328

petitioner/Accused No.5 was arrested later and remanded to judicial custody

on 12.08.2025, and since then he has been in jail.

3. Heard Sri G. Maheswara Rao, learned counsel for the petitioner, and

Smt. K. Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for

the respondent-State.

4. Learned counsel for the petitioner submits that the petitioner is innocent

and has been falsely implicated in the case. It is contended that no

contraband was seized from the possession of the petitioner and that,

according to the alleged confession statements of Accused Nos.1 to 4, the

petitioner merely acted as a pilot vehicle escort during the transportation of

ganja. Learned counsel further submits that the petitioner has been in judicial

custody since 12.08.2025 and that though the statutory period has expired, no

extension petition was filed by the prosecution. It is also contended that the

petitioner is the sole breadwinner of his family. Hence, he prayed for grant of

regular bail on suitable conditions.

5. Per contra, learned Assistant Public Prosecutor vehemently opposed

the petition contending that the contraband involved in the present case is 226

kilograms of ganja, which is a commercial quantity under the NDPS Act. She

further submits that the investigation has been completed and charge sheet

has already been filed. It is also contended that if the petitioner is released on

bail, there is every likeliho