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CDJ 2026 APHC 1427
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 6366 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO |
| Parties : Lanka Sri Kalyan Ram Versus The State of Andhra Pradesh, Rep. by its Public Prosecutor, Amaravati |
| Appearing Advocates : For the Petitioner: Jeshtadi Sunil Kumar, Advocate. For the Respondent: Public Prosecutor. |
| Date of Judgment : 05-08-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 & 483 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985
2. Catch Words:
- Bail
- Charge sheet
- Statutory period (180 days)
- Commercial quantity
- Bond
- Sureties
- Adjournment
- Restriction on travel
- Inducement / threat
3. Summary:
The petitioner, accused No. 6, filed a criminal petition under the BNSS seeking bail for alleged NDPS offences involving 24.69 kg of ganja. The learned counsel argued innocence, hardship, and willingness to comply with conditions, while the prosecution highlighted the filing of the charge sheet beyond the 180‑day period and the seriousness of the offence. The court noted this was the second bail application; the first had been dismissed. Considering the petitioner’s clean antecedents, fixed abode, and the precedent of bail granted to co‑accused, the court decided to enlarge bail with stringent conditions, including a bond, sureties, appearance at every adjournment, travel restriction, and prohibition on committing offences or influencing witnesses.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.6 on bail in Crime No.210 of 2025 of Kirlampudi Police Station, Kakinada District, registered against the Petitioner/Accused No.6 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
2. Mr.Jeshtadi Sunil Kumar, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice.
3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner and submitted that, though the charge sheet has already been filed, the accusations against the petitioner are well founded. Hence, he prayed that the Criminal Petition be dismissed.
4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
5. As seen from the record, this is the second bail application. The petitioner is arraigned as Accused No.6. He was found in conscious possession and transportation of 24.690 Kgs. of ganja, which is a commercial quantity. The charge sheet has been filed and the same has been taken on file as N.S.C.No.79 of 2026. This Court, vide order dated 20.07.2026 in Crl.P.No.5702 of 2026, dismissed the first bail application filed by the petitioner/Accused No.6.
6. The learned Assistant Public Prosecutor submits that the charge sheet was filed beyond the statutory period of 180 days. The petitioner was arrested on 10.12.2025 and has been in judicial custody for the past 238 days. There are no adverse antecedents reported against the petitioner. The petitioner is a permanent resident of East Godavari District and has got fixed abode. If the petitioner is enlarged on bail, he is likely to cooperate with the Trial Court for the expeditious disposal of the case. This Court, vide orders dated 03.08.2026 and 20.07.2026 in Crl.P.Nos.6212 and 5699 of 2026, enlarged Accused Nos.1, 2 and 4 on bail. The present petitioner/Accused No.6 is also standing on the same footing.
7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.6, this Court is inclined to enlarge the Petitioner/Accused No.6 on bail with some stringent conditions.
8. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioner/Accused No.6 shall be enlarged on bail subject to his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Prathipadu.
ii. The Petitioner/Accused No.6 shall appear before the learned Trial Court on each and every adjournment without fail.
iii. The Petitioner/Accused No.6 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned.
iv. The Petitioner/Accused No.6 shall not commit or indulge in commission of any offence in future.
v. The Petitioner/Accused No.6 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.
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