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CDJ 2026 APHC 1425
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 6224 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO |
| Parties : Palla Anil Kumar Versus The State of Andhra Pradesh, Rep by its Public Prosecutor, Amaravathi |
| Appearing Advocates : For the Petitioner: T.D. Phani 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
- Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985
- Section 25 of the Arms Act
2. Catch Words:
bail, bond, sureties, investigation, witness tampering
3. Summary:
The Criminal Petition under Sections 480 and 483 of the BNSS seeks bail for Accused No. 2, charged under the NDPS Act and the Arms Act for possession of 2 kg of ganja. The accused has been in judicial custody for 72 days, with a modest quantity seized and no commercial intent. The court notes the accused’s fixed residence, lack of flight risk, and minimal chance of tampering with evidence despite eight pending cases. Citing *Prabhakar Tewari v. State of Uttar Pradesh*, the court holds that prior criminal antecedents alone cannot deny bail. Accordingly, bail is granted subject to stringent conditions including a bond, regular reporting, travel restrictions, and non‑interference with witnesses. The petition is allowed.
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.2 on bail in Crime No.78 of 2026 of Muvvalavanipalem Police Station, Visakhapatnam, registered against the Petitioner/Accused No.2 herein for the offences punishable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’) and Section 25 of the Arms Act.
2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
3. On a perusal of the record, the Petitioner/Accused No.2 is alleged to have been dealing illegally in 2 kgs of ganja. The seized contraband is not a commercial quantity. The Petitioner was arrested on 22.05.2026 and has been in judicial custody for the past 72 days. So far, three witnesses have been examined, all are official witnesses. Substantial portion of the investigation has been completed. The Petitioner is a permanent resident of SR Enclaves, Ranastalam, Srikakulam. He has a fixed place of abode. If the Petitioner is enlarged on bail subject to stringent conditions, he is not likely to evade the process of law. The likelihood of the Petitioner threatening the witnesses, hampering the investigation, or tampering with the evidence appears to be minimal. Though the prosecution alleges that there are altogether eight criminal cases pending against the Petitioner, including two of a similar nature, the Petitioner is presumed to be innocent until his guilt is proved.
4. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh ((2020) 11 SCC 648) at para No.7, observed that criminal antecedents or similar adverse antecedents cannot be the sole basis for refusal of bail.
5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail with the following stringent conditions:
i. The Petitioner/Accused No.2 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned Additional Chief Metropolitan Magistrate Court, Visakhapatnam.
ii. The Petitioner/Accused No.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 Petitioner/Accused No.2 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned.
iv. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future.
v. The Petitioner/Accused No.2 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.
vi. The Petitioner/Accused No.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.
vii. The Petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.
7. In the result, the Criminal Petition is allowed.
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