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CDJ 2026 APHC 1400 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6212 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Jampa Durga Prasad Versus The State of Andhra Pradesh, Rep. By Its Public Prosecutor. High Court At Amaravathi, A.P.
Appearing Advocates : For the Petitioner: Vallepu Mounika, Vallepu Mounica, Advocates. For the Respondent: Public Prosecutor.
Date of Judgment : 03-08-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 & 483 -
Judgment :-

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 Petitioners/Accused Nos.2 and 4 on bail in Crime No.210 of 2025 of Kirlampudi Police Station, Kakinada District, registered against the Petitioners/Accused Nos.2 and 4 herein for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

3. On a perusal of the record, this is the third bail application filed by the Petitioners seeking their release on bail. The first bail application was dismissed by a Coordinate Bench of this Court vide order dated 10.02.2026 in Crl.P.No.788 of 2026. The second bail application was also dismissed by this Court vide order dated 14.07.2026 in Crl.P.No.5232 of 2026. In the interregnum, Accused No.1 was enlarged on bail by this Court vide order dated 20.07.2026 in Crl.P.No.5699 of 2026.

4. The Petitioners were arrested on 10.12.2025 while they were allegedly found in possession of and transporting 24.690 kilograms of ganja unauthorisedly and illegally. There is one similar adverse antecedent reported against Accused Nos.2 and 4. The Petitioners have been in judicial custody for the past 236 days. The charge sheet was filed on 07.04.2026, within the statutory period of 180 days from the date of their remand, and the same has been taken on file as NDPSSC No.79 of 2026.

5. Having regard to the stage of the proceedings, it is likely to take considerable time for the learned Trial Court to commence and conclude the trial. Keeping the Petitioners, who are aged about 22 and 23 years respectively, in continued incarceration for an indefinite period would not serve any purpose. If released on bail, the Petitioners shall abide by any stringent conditions imposed by this Court and cooperate with the learned Trial Court for the expeditious disposal of the case. The Petitioners are permanent residents of Padmanabha Colony, Peddapuram, and have a fixed place of abode.

6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.2 and 4, this Court is inclined to enlarge the Petitioners/Accused Nos.2 and 4 on bail with the following stringent conditions:

                  i. Petitioners/Accused Nos.2 and 4 shall be enlarged on bail subject to their 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. Petitioners/Accused Nos.2 and 4 shall appear before the learned Trial Court on every adjournment without fail.

                  iii. Petitioners/Accused Nos.2 and 4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned.

                  iv. Petitioners/Accused Nos.2 and 4 shall not commit or indulge in commission of any offence in future.

                  v. Petitioners/Accused Nos.2 and 4 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.

                  vi. Petitioners/Accused Nos.2 and 4 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.

7. In the result, the Criminal Petition is allowed.

 
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