Shaik Subhani & Ors. vs State Of Andhra Pradesh & Ors.

Tuhin Kumar Gedela, J

The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 / Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in Crime No.162 of 2025 of Santhapet Police Station, SPSR Nellore District, registered against the petitioners/Accused Nos.1 and 2 herein and others for the offences punishable under Section 8 (c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The case of the prosecution is that on 24.08.2025 at about 10.30 hours, on receipt of credible information about illegal possession of ganja, the Inspector of Police, Santhapet Police Station along with his staff and mediators rushed to the house of A1 in Rayapuvari Street, Kapatipalem, Nellore City and found A1 to A4 in possession of 6.350 Kgs of Ganja. The contraband was seized under the cover of mediators report and the accused were remanded to judicial custody. The Investigation further revealed that A1 and A2 had procured the ganja from one Ramakrishna of Usman Saheb Pet, Nellore.

Sri P.Nagendra Reddy, learned counsel for the petitioners contends that the petitioners are innocent of the alleged offence and they 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, Sri A.Sai Rohit, 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 representing the respondent/State. Perused the record.

As seen from the record, A1 was found in possession of 2.600 Kgs of ganja and A2 was found in possession of 1.25 kgs of ganja. Along with the other accused, they were found in possession of a total of 6.350 kgs of ganja, which is not a commercial quantity. The petitioners have been in judicial custody since 25.08.2025 and have been languishing in jail for the past 37 days. The petitioners/Accused Nos.1 and 2 are residents of Kapadipalem, SPSR Nellore District. They have got fixed abode. The learned Assistant Public Prosecutor submits that there are no adverse antecedents reported against the petitioners/Accused Nos.1 and 2. The material portion of the investigation, insofar as it relates to them, has already been 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.

Considering the period of detention undergone by the petitioners/Accused Nos.1 and 2 in judicial custody for the past 37 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.1 and 2 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only) each with one surety for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class for Trial of Prohibition and Excise, Nellore.

ii. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.

iii. The petitioners/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

iv. The petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future.

v. The petitioners/Accused Nos.1 and 2 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required.

vi. The petitioners/Accused Nos.1 and 2 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, the Criminal Petition is allowed.