Sankar, S/O Parthasarathy vs State Of Andhra Pradesh

Dr Y. Lakshmana Rao, J

These four Criminal Petitions are heard and disposed of by this common order, as the crime number in the four cases is one and the same.

The Criminal Petitions have 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 petitioners/Accused Nos.2, 3, 6 and 7 on bail in Cr.No.46 of 2025 of Jaggampeta Police Station, East Godavari District, registered against the petitioners/Accused Nos.2, 3, 6 and 7 herein for the offences punishable under Section 8 (c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

The case of the prosecution is that on 04.03.2025 at 02.30 P.M., on receipt of credible information regarding illegal possession and transportation of Ganja, the Sub-Inspector of Police, Jaggampeta Police Station, along with his staff and mediators rushed to plot No.1596, Jagananna Colony, Jaggampeta Village, and found eight persons in suspicious circumstances. On seeing the police, the said eight persons tried to escape. Then, the police apprehended them and on enquiry, they disclosed their identity particulars and the police found 492 KGs of Ganja in their possession. The police seized the contraband, arrested the accused and remanded them to judicial custody.

Ms.T.Rajeswari, the learned counsel, representing Ms.Kopisetti Parvathi Devi, the learned counsel for the petitioners, contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice.

Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed.

Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.

As seen from the record, the petitioners/Accused Nos.2, 3, 6 and 7 were allegedly indulged in dealing with 492 kgs of ganja, which is not only a commercial quantity but also a colossal quantity. The petitioners have been languishing in jail since 04.03.2025. Nearly for the past 148 days they have been in judicial custody. After thorough investigation in this case, charge sheet has already been filed. Hence, rigor of Section 36(A)(4) and Section 37 of ‘the NDPS Act’, would not attract. It takes considerable length of time for taking up the case for trial before the learned Trial Court. Keeping the petitioners until such indefinite period in the judicial custody is neither found convincing nor reasonable. The petitioner/Accused No.2 is a resident of G.Madugula Mandal, ASR District. The petitioner/Accused No.3 is a resident of Luvvasingi Post Kora Pilli Panchayat, G.Mamidada Mandal, ASR District. The petitioner/Accused No.6 is a resident of Ramji Nagar Post Tiruchirapalli District Tamilnadu N/R Malur Town, Near Venu Gopala Swamy Temple, Kolar District, Karnataka. The petitioner/Accused No.7 is a resident of Adarshnanagar, Kolar District, Karnataka. The material portion of the investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioners influencing or threatening the witnesses or hampering the investigation may not arise. This Court in Crl.P.No.8515 of 2025 vide order dated 28.08.2025 granted bail to Accused No.5.

Considering the period of detention undergone by the petitioners/Accused Nos.2, 3, 6 and 7 in judicial custody for the past 148 days, the nature and gravity of allegations levelled against the petitioners, and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions:

i. The petitioners/Accused Nos.2, 3, 6 and 7 shall be enlarged on bail subject to they executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only), each with two sureties each for the like sum each to the satisfaction of the learned Principal Junior Civil Judge-Cum-Judicial Magistrate of First Class, Peddapuram.

ii. The petitioners/Accused Nos.2, 3, 6 and 7 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.

iii. The petitioners/Accused Nos.2, 3, 6 and 7 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

iv. The petitioners/Accused Nos.2, 3, 6 and 7 shall not commit or indulge in commission of any offence in future.

v. The petitioners/Accused Nos.2, 3, 6 and 7 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the investigating officer; and

vi. The petitioners/Accused Nos.2, 3, 6 and 7 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

Accordingly, these four Criminal Petitions are allowed.