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Andhra Pradesh High Court – Amravati
Gujjela Rambabu vs The State Sho Anandapuram Police … on 28 August, 2025
APHC010367322025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7591/2025
Between:
GUJJELA RAMBABU, S/O RAMACHANDRA, AGED 33 YEARS R/O
KONDIBHA VILLAGE, ANANTHAGIRI MANDAL, ASR DISTRICT
...PETITIONER/ACCUSED
AND
THE STATE SHO ANANDAPURAM POLICE STATION, Visakhapatnam
City Thorough its Public Prosecutor, High Court of A.P., Amaravathi
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
VENKATA DURGA RAO ANANTHA
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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Dr. YLR, J
Crl.P.No.7591 of 2025
Dated 28.08.2025
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 petitioner/Accused No.3 on bail in
Cr.No.45 of 2025 of Anandapuram Police Station, Visakhapatnam
Commissionerate, registered against the petitioner/Accused No.3 herein for
the offences punishable under Section 20(b)(ii)(C) read with 8 (c) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the
NDPS Act‘).
2. The case of the prosecution is that on 25.02.2025, on receipt of
credible information regarding illegal possession and transportation of
ganja, the Sub-Inspector of Police, Anandapuram Police Station, along with
his staff and mediators, rushed to NH-16 near Bheemili Cross Road
Junction and conducted vehicle checking. The police noticed one auto
coming from the Anandapuram side towards P.M. Palem, and on seeing
the police, the persons in the auto attempted to escape. The police
apprehended three persons who were in the auto. During investigation,
Accused Nos.1 to 3 disclosed their address particulars and, basing on their
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Dr. YLR, J
Crl.P.No.7591 of 2025
Dated 28.08.2025
confession statements, 26 Kgs of ganja was seized under the cover of a
mediators’ report.
3. Sri A.Venkata Durga 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 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 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 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.
5. Heard the learned counsel for the petitioner and the learned
Assistant Public Prosecutor. Perused the record.
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Dr. YLR, J
Crl.P.No.7591 of 2025
Dated 28.08.2025
6. As seen from the record, the petitioner/Accused No.3 was allegedly
indulged in dealing with 26.00 kgs of ganja, which is a commercial quantity.
The petitioner has been languishing in jail since 25.02.2025. Nearly for the
past 184 days he has been in judicial custody. The petitioner was driving
the auto in which the contraband was found and seized. He was spot
arrested. The petitioner/Accused No.3 is a resident of Kondibha Village,
Ananthagiri Mandal, ASR District. The material portion of the investigation
is completed. All the witnesses of the prosecution are official witnesses.
Hence, the question of the petitioner influencing or threatening the
witnesses or hampering the investigation may not arise.
7. The learned Assistant Public Prosecutor submits that there are no
adverse antecedents against the petitioner/Accused No.3 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.
8. Section 36A(4) of ‘the NDPS Act‘ states that if the investigation is not
completed within 180 days, the petitioner/Accused No.3 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
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Dr. YLR, J
Crl.P.No.7591 of 2025
Dated 28.08.2025
the investigation and specific reasons for the detention of the accused
beyond the initial period.
9. Considering the period of detention undergone by the
petitioner/Accused No.3 in judicial custody for the past 184 days, the
nature and gravity of allegations 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.3 shall be enlarged on bail
subject to he executing a bond for a sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) with two sureties for the
like sum each to the satisfaction of the learned XV Additional
Metropolitan Magistrate at Bheemunipatnam, Visakhapatnam
City.
ii. The petitioner/Accused No.3 shall appear before the
Station House Officer concerned on every Saturday in
between 10:00 am and 05:00 pm, till cognizance is taken by
the learned the Trial Court.
iii. The petitioner/Accused No.3 shall not leave the limits of
the District without prior permission from the Station House
Officer concerned.
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Dr. YLR, J
Crl.P.No.7591 of 2025
Dated 28.08.2025iv. The petitioner/Accused No.3 shall not commit or indulge
in commission of any offence in future.
v. The petitioner/Accused No.3 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.3 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.
10. Accordingly, the Criminal Petition is allowed.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 28.08.2025
RSI
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Dr. YLR, J
Crl.P.No.7591 of 2025
Dated 28.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7591 of 2025
Date: 28.08.2025
RSI
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