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CDJ 2026 APHC 1023 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition Nos. 4569 & 4573 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Gugan Natheswaran & Others Versus The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court at Amaravati
Appearing Advocates : For the Petitioner: Ramineni Sudheer, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 16-06-2026
Head Note :-
Narcotic Drugs & Psychotropic Substances Act, 1985 - Section 20(b)(ii)(B), 25 read with 8(c) -
Judgment :-

Common Order

1. These two Criminal Petitions are heard together and are being disposed of by this common order, as the petitioners in the two petitions are different, but the crime registered against them is one and the same.

2. These two Criminal Petitions have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 to 6 on bail in Crime No.24 of 2026 of Dumbriguda Police Station, ASR District, registered against the Petitioners/Accused Nos.1 to 6 herein for the offences punishable under Section 20(b)(ii)(B), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

3. Mr. Ramineni Sudheer, the learned counsel for the petitioners, submits 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.

4. 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.

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

6. As seen from the record, the petitioners/Accused Nos.1 to 6 had allegedly indulged in dealing with 6.00 KGs of ganja. The petitioners were arrested on the spot and were remanded to judicial custody on 07.04.2026. The petitioners have been in judicial custody for the past 73 days. The alleged contraband is not a commercial quantity. So far, eight witnesses have been examined. They are all official witnesses. A substantial portion of the investigation has been completed. Filing of the charge sheet is a mere formality. The petitioners/Accused Nos.1 and 2 are the permanent residents of Hyderabad and the petitioners/Accused Nos.3 to 6 are the permanent residents of the State of Tamil Nadu. They have got fixed abode. If the petitioners are enlarged on bail with some stringent conditions, they may neither interfere with the investigation, if any, nor threaten the witnesses or tamper with the evidence.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 to 6, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 6 on bail with some stringent conditions.

8. In the result, these two Criminal Petitions are allowed with the following stringent conditions:

               i. The Petitioners/Accused Nos.1 to 6 shall be enlarged on bail subject to their executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Araku Valley, Visakhapatnam.

               ii. The Petitioners/Accused Nos.1 to 6 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 to 6 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

               iv. The Petitioners/Accused Nos.1 to 6 shall not commit or indulge in commission of any offence in future.

               v. The Petitioners/Accused Nos.1 to 6 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 to 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.

               vii. The Petitioners/Accused Nos.1 to 6 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.
 
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