Vanthala Magu,, S/O. Arjun & Ors. vs State Of Andhra Pradesh

Dr Y. Lakshmana Rao, J

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 petitioners/Accused Nos.1 and 2 on bail in Cr.No.05 of 2025 of G.Madugula Police Station, ASR District, registered against the petitioners/Accused Nos.1 and 2 herein for the offences punishable under Section 20 (b) (ii)(C), read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

The case of the prosecution is that on 17.02.2025, on receipt of credible information regarding illegal possession and transportation of ganja, the Sub-Inspector of Police, G. Madugula Police Station, along with his staff and mediators, rushed to the asbestos-tiles house situated banana trees at Vanthala Magu, Ganneruputtu Village. The police noticed two persons in the banana plantation, and on seeing the police, they attempted to escape. However, the police apprehended them. During the investigation, Accused Nos.1 and 2 disclosed their address particulars and, basing on their confessional statements, 22 Kgs of ganja was seized under the cover of the mediators’ report.

Sri G.Maheswara Rao, 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.1 and 2 were allegedly indulged in dealing with 22.00 kgs of ganja, which is a commercial quantity. The petitioners have been languishing in jail since 17.02.2025. Nearly for the past 185 days they have been in judicial custody. The petitioners/Accused Nos.1 and 2 are the residents of Ganneruputtu Village, G.Madugula Mandal, ASR District. 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.

The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioners/Accused Nos.1 and 2 and no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioners upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period.

Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the petitioners/Accused Nos.1 and 2 has an indefeasible right to bail, unless the Special Court extends the period up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period.

Considering the period of detention undergone by the petitioners/Accused Nos.1 and 2 in judicial custody for the past 185 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 they executing a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only), each with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Paderu.

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 cognizance is taken by the learned the Trial Court.

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.