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Andhra Pradesh High Court – Amravati
Ajith T A vs The State Of Andhra Pradesh on 24 July, 2025
APHC010337482025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
THURSDAY,THE TWENTY FOURTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7116/2025
Between:
1.AJITH T A, S/O THANGARAJAN, AGED 30 YEARS, R/O AJITH
VILASAM, UNDAPPARA, THALICODE POST, NADUMANGAL
TALUKA, THIRUVANATHAPURAM. KERALA STATE.
2.AMAL SURESH, S/O SURESH KUMAR, AGED 23 YEARS,
PATTANKOLAKKAL, VEEDUNAMMER, ALAPPUZHA, KERALA
STATE.
...PETITIONER/ACCUSED(S)
AND
THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High
Court of Andhra Pradesh at Amaravathi.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
K K KOMALAN
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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Dr. YLR, J
Crl.P.No.7116 of 2025
Dated 24.07.2025
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.1 and 5 on
bail in Cr.No.13 of 2025 of Narsipatnam Rural Police Station, Anakapalli
District, registered against the petitioners/Accused Nos.1 and 5 herein for
the offences punishable under Section 20 (b) (ii)(C), Section 25 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 24.01.2025 at about 09.00
hours, on receipt of credible information regarding illegal possession of
Ganja, the Sub-Inspector of Police, Narsipatnam Rural Police Station,
along with his staff and secured the mediators and rushed to Nellimetta
Junction and conducted vehicle checking and found two persons coming in
a FZ Yamaha Motor Cycle followed by a Kia Car, on seeing the police, the
they tried to escape. The Sub-Inspector of Police along with staff
apprehended them and found in their possession 205 KGs of Ganja. The
Police seized the contraband under the cover of mediator’s report and
remanded to the accused judicial custody.
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Dr. YLR, J
Crl.P.No.7116 of 2025
Dated 24.07.2025
3. Sri K.K.Komalan, the learned counsel for the petitioners, submits that
the petitioners have not committed any offence; they are falsely implicated
in this case; they are sole breadwinners of their family; they are ready to
abide any conditions to be imposed by this Court; and urged to enlarge the
petitioners on bail.
4. Per contra, Ms.P.Akila Naidu, the learned Assistant Public
Prosecutor, opposed in granting of bail stating that some more material
witnesses have to be examined; investigation is not completed; if the
petitioners are enlarged on bail, they would not be available for the
investigation and they would escape from the clutches of law; and it is
urged to dismiss the bail application.
5. Perused the record.
6. As seen from the record, the petitioners were indulged in
transportation and possession of 205 KGs of Ganja. The petitioners have
been languishing in the jail since 24.01.2025 onwards, nearly 180 days
they have been in the judicial custody.
7. The learned Assistant Public Prosecutor submits that there is one
adverse antecedent against the petitioners/Accused Nos.1 and 5, and no
report was filed before the learned Court below by the learned Public
Prosecutor concerned seeking for extension period of judicial custody of
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Dr. YLR, J
Crl.P.No.7116 of 2025
Dated 24.07.2025
the petitioners up to 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 Act’ states that if the investigation is not
completed within 180 days, the petitioners/Accused Nos.1 and 5 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.
9. Keeping into consideration the number of days the petitioners have
been in judicial custody, the nature and gravity of the allegations levelled
against them, stage of the investigation and their alleged role in the case,
this Court is inclined to enlarge the petitioners on bail with certain stringent
conditions.
10. In the result, the Criminal Petition is allowed with the following
conditions:
i. The petitioners/Accused Nos.1 and 5 shall be enlarged on
bail subject to they executing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only), each with two
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Dr. YLR, J
Crl.P.No.7116 of 2025
Dated 24.07.2025sureties for the like sum each to the satisfaction of the learned
Additional Judicial First Class Magistrate, Narsipatnam.
ii. The petitioners/Accused Nos.1 and 5 shall appear
before the Station House Officer, Narsipatnam Rural Police
Station, Anakapalli District, on every Saturday in between
10:00 am and 05:00 pm, till the filing of charge sheet.
iii. The petitioners/Accused Nos.1 and 5 shall not commit or
indulge in similar offences in future.
iv. The petitioners/Accused Nos.1 and 5 shall cooperate
with the investigating officer in further investigation of the case
and shall be available to the investigating officer as and when
called by him.
v. The petitioners/Accused Nos.1 and 5 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
the Investigating Officer to the effect.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 24.07.2025
RSI
6
Dr. YLR, J
Crl.P.No.7116 of 2025
Dated 24.07.2025THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7116 of 2025
Date:24.07.2025
RSI
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