Andhra Pradesh High Court – Amravati
Allangi Chandra Sekhar Chandra, vs The State Of Andhra Pradesh on 5 August, 2025
APHC010175642025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 3878/2025
Between:
Allangi Chandra Sekhar @ Chandra ...PETITIONER/ACCUSED
AND
The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
Gollapalli Maheswara Rao
Counsel for the Respondent/complainant:
Public Prosecutor
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of
the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ 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
Cr.No.27 of 2024 of Gopalapatnam Police Station, Visakhapatnam
Commissionerate, registered against the Petitioner/Accused No.2 herein
for the offences punishable under Section 20 (b) (ii)(C) read with 8(c) of the
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Crl.P.No.3878 of 2025
Dated 05.08.2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the
NDPS Act‘).
2. The case of the prosecution is that on 28.01.2024, on receipt of
credible information regarding the illegal possession and transportation of
ganja, the Sub-Inspector of Police, Gopalapatnam Police Station, along
with his staff, secured the presence of mediators, rushed to Check Post,
Adavivarm Junction, Simhachalam, Visakhapatnam, and conducted
vehicles checking. The police noticed one Mahindra Bolero coming from
Simhachalam towardsAdavivaram, on seeing the police, the vehicle driver
attempted to stop vehicle at some distance. The Sub-Inspector of Police
apprehended the Petitioner/Accused No.2 and found in his possession 31
KGs of ganja, seized the contraband under a cover of mediators’ report,
and arrested him.
3. Sri G. Maheswara Rao, the learned counsel for the petitioner contends
that the petitioner is innocent of the alleged offence and 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 continued incarceration
would cause undue hardship to his dependents. The petitioner undertakes to
strictly adhere to any conditions that may be imposed by this Court. In light of
the foregoing, learned counsel prays that the present petition be allowed in the
interest of justice.
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Dr.YLR, J
Crl.P.No.3878 of 2025
Dated 05.08.2025
4. Per contra, Ms. P.Akhila Naidu, 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,
it is urged that the petition be dismissed.
5. As seen from the record, the petitioner/Accused No.2 was indulged in
transportation and possession of 3 kgs of ganja. Although it is commercial
quantity, the petitioner has been languishing in the jail since 28.01.2024
onwards. Nearly for the past 281 days he has been in the judicial custody.
The investigating officer has not filed charge sheet in this case. Material
portion of investigation is completed. All the witnesses of the prosecution are
official witnesses. Hence, the question of petitioner influencing or threatening
the witnesses or hampering the investigation may not arise.
6. The learned Assistant Public Prosecutor submits that there are no
adverse antecedents against the petitioner/Accused No.2 and no report was
filed before the learned Court below by the learned Public Prosecutor
concerned seeking for extension period of judicial custody of the petitioner
upto one year by indicating the progress of investigation and the specific
reasons for the detention of the accused beyond the initial period.
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Crl.P.No.3878 of 2025
Dated 05.08.2025
7. Section 36A(4) of ‘the Act’ states that if the investigation is not
completed within 180 days, the petitioner/accused No.2 has an indefeasible
right to bail, unless the Special Court extends the period up to one year on the
report of the Public Prosecutor, indicating the progress of the investigation and
specific reasons for the detention of the accused beyond the initial period.
8. Considering the period of detention undergone by the
petitioner/Accused No.2 in judicial custody for the past 281 days, the nature
and gravity of allegation levelled against the petitioner, and his alleged role
played in the case, this Court is inclined to enlarge the petitioner on bail with
the following stringent conditions:
i. The petitioner/Accused No.2 shall be enlarged on bail subject
to he executing a personal bond for a sum of Rs.20,000/-
(Rupees Twenty Thousand only), with two sureties each for the
like sum each to the satisfaction of the learned II Additional
Judiciall Magistrate, Visakhapatnam.
ii. The petitioner/Accused No.2 shall appear before the
Station House Officer, Gopalapatnam Police Station,
Visakhapatnam Commessionerate, on every Saturday in
between 10:00 am and 05:00 pm, till cognizance is taken by the
learned the Trial Court.
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Dr.YLR, J
Crl.P.No.3878 of 2025
Dated 05.08.2025iii. 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 or to any police officer.
vii. The petitioner/Accused No.2 shall surrender his passport, if
any, to the investigating officer. If he claims that he does not
have a passport, he shall submit an affidavit to that effect to the
Investigating Officer.
9. Accordingly, the Criminal Petition is allowed.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 05.08.2025
KMS
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Dr.YLR, J
Crl.P.No.3878 of 2025
Dated 05.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.3878 of 2025
Date: 05.08.2025
KMS