Andhra Pradesh High Court – Amravati
Rahul Rakesh Machare vs The State Of Andhra Pradesh on 11 August, 2025
APHC010336412025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
MONDAY,THE ELEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7002/2025
Between:
1. RAHUL RAKESH MACHARE, S/O. RAKESH MACHARE, AGED
ABOUT 22 YEARS, R/O. SAMRAT NAGAR, SANGALI ROAD,
PARVATI GATE, KHOTWADI TARDAL, KOLHAPUR, MAHARASHTRA
STATE.
2. SUMIT AMIT BATUNGE,, S/O. AMIT BATUNGE, AGED ABOUT 19
YEARS, R/O. AMBAP ROAD, NAGOBAWADI, VTC VATHAR, TAN
VADGAON POST, HATKANANGLE, KOLHAPUR, MAHARASHTRA
STATE.
...PETITIONER/ACCUSED(S)
AND
THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High
Court of Andhra Pradesh.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
GOLLAPALLI MAHESWARA RAO
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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Dr. YLR, J
Crl.P.No.7002 of 2025
Dated: 11.08.2025
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 petitioners/Accused Nos.3 and 4 on
bail in Cr.No.21 of 2025 of Sabbavaram Police Station, Anakapalli District,
registered against the petitioners/Accused Nos.3 and 4 herein for the
offences punishable under Section 20 (b) (ii)(C) read with 8(c), 25 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the
NDPS Act‘).
2. The case of the prosecution is that on 01.02.2025, on receipt of
credible information regarding the illegal possession and transportation of
ganja, the Sub-Inspector of Police, Sabbavaram Police Station, along with
his staff, secured the presence of mediators, rushed to Marripalem Toll
Plaza, Sabbavaram, and conducted vehicles checking. The police noticed
one Eicher vehicle coming from Anandapuram towards Anakapalli, on
seeing the police, the vehicle driver attempted to stop and reverse the
vehicle. The Sub-Inspector of Police apprehended the Accused Nos.1 to 5
and found in their possession 224 KGs of ganja, seized the contraband
under a cover of mediators’ report, and arrested them.
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Dr. YLR, J
Crl.P.No.7002 of 2025
Dated: 11.08.2025
3. Sri G.Maheswara Rao, the learned counsel for the petitioners contend
that the petitioners are innocent of the alleged offence and have been falsely
implicated by the police. It is further submitted that their continued
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, 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, it is urged that the petition be dismissed.
5. As seen from the record, the petitioners/Accused Nos.3 and 4 were
indulged in transportation and possession of 224 kgs of ganja. Although it is
commercial quantity, the petitioners have been languishing in the jail since
01.02.2025 onwards. Nearly for the past 192 days they have 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 petitioners
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Dr. YLR, J
Crl.P.No.7002 of 2025
Dated: 11.08.2025
influencing or threatening the witnesses or hampering the investigation may
not arise. This Court enlarged Accused No.5 on bail in Crl.P.No.4775 of 2025
vide order dated 30.06.2025. This Court enlarged Accused No.1 on bail in
Crl.P.No.6545 of 2025 vide order dated 31.07.2025. This Court enlarged
Accused No.2 on bail in Crl.P.No.7587 of 2025 vide order dated 07.08.2025.
6. The learned Assistant Public Prosecutor submits that there are no
adverse antecedents against the petitioners/Accused Nos.3 and 4. The
learned Assistant Public Prosecutor further submits that the petition for
extension of the remand of the petitioners was filed before the learned Trial
Court, but the same was dismissed by the learned Trial Court.
7. Section 36A(4) of ‘the NDPS Act‘ states that if the investigation is not
completed within 180 days, the petitioners/Accused Nos.3 and 4 have 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
petitioners/Accused Nos.3 and 4 in judicial custody for the past 192 days, the
nature and gravity of allegation levelled against the petitioners, and their
alleged role played in the case, this Court is inclined to enlarge the petitioners
on bail with the following stringent conditions:
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Dr. YLR, J
Crl.P.No.7002 of 2025
Dated: 11.08.2025i. The petitioners/Accused Nos.3 and 4 shall be enlarged on
bail subject to they executing a personal bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only), each with two sureties
each for the like sum each to the satisfaction of the learned II
Additional Junior Civil Judge-Cum-XII Metropolitan Magistrate,
Anakapalli.
ii. The petitioners/Accused Nos.3 and 4 shall appear before
the Station House Officer, Sabbavaram Police Station,
Anakapalli District, on every Saturday in between 10:00 am and
05:00 pm, till cognizance is taken by the learned the Trial Court.
iii. The petitioners/Accused Nos.3 and 4 shall not leave the
limits of the District without prior permission from the Station
House Officer concerned.
iv. The petitioners/Accused Nos.3 and 4 shall not commit or
indulge in commission of any offence in future.
v. The petitioners/Accused Nos.3 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.
vi. The petitioners/Accused Nos.3 and 4 shall not, directly or
indirectly, make any inducement, threat or promise to any person
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Dr. YLR, J
Crl.P.No.7002 of 2025
Dated: 11.08.2025acquainted 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 petitioners/Accused Nos.3 and 4 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.
9. Accordingly, the Criminal Petition is allowed.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 11.08.2025
RSI
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Dr. YLR, J
Crl.P.No.7002 of 2025
Dated: 11.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7002 of 2025
Date: 11.08.2025
RSI