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CDJ 2026 APHC 1429 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6649 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Abinesh Muniyappan Versus The State of Andhra Pradesh, Rep. by its Public Prosecutor, Amaravati
Appearing Advocates : For the Petitioner: Dasari Ramakoteswar Rao, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 05-08-2026
Head Note :-
Narcotic Drugs & Psychotropic Substances Act, 1985 - Section 20(b)(ii)(C), 25 read with 8(c) -
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 Petitioner/Accused No.2 on bail in Crime No.10 of 2026 of K.D.Peta Police Station, Anakapalli District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Section 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Mr. D.Rama Koteswar Rao, learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. The petitioner is the sole breadwinner of his family. 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, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he 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.

4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

5. As seen from the record, the petitioner is arrayed as Accused No.2. The petitioner was arrested on 05.02.2026. He has been in judicial custody for the past 182 days. This Court, vide orders dated 18.06.2026 and 03.07.2026 in Crl.P.Nos.4454 and 4570 of 2026, enlarged Accused Nos.4 and 6 on bail with certain stringent conditions. The petitioner is a permanent resident of the State of Tamil Nadu and has got fixed abode. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation may not arise. An application seeking extension of the petitioner's judicial remand was dismissed by the learned I Additional District and Sessions Judge, Visakhapatnam, on 23.07.2026.

6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.2, this Court is inclined to enlarge the petitioner/Accused No.2 on bail, subject to some stringent conditions.

7. In the result, the Criminal Petition is allowed with the following stringent conditions:

                  i. The Petitioner/Accused No.2 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 I Additional District and Sessions Judge-Cum-Special Judge for Trial of Offences under NDPS Act, 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 District 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.
 
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