Andhra Pradesh High Court – Amravati
Bideshi Kumar Sahu vs The State Of Andhra Pradesh Through The … on 11 August, 2025
APHC010354202025
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: 7333/2025
Between:
1. BIDESHI KUMAR SAHU, S/O. RAMUHARI SAHU, AGED ABOUT 42
YEARS, R/O. POWER PLANT COLONY BARIIPUT MUNDIGUDA,
KRAPUT, ODISHA STATE
2. MANOJ KHEMUNDU, , S/O. PADALAM KHEMUNDU AGED ABOUT
35 YEARS, R/O. POWER HOUSE, MALIGUDA, BARINIPUT,
MONDIGUDA, KORAPUT, ODISHA STATE
...PETITIONER/ACCUSED(S)
AND
THE STATE OF ANDHRA PRADESH THROUGH THE STATION HOUSE
OFFICER GAJUWAKA POLICE STATION, Rep. by its Public Prosecutor,
High Court of Andhra Pradesh Nelapadu, Amaravathi, Guntur District
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
K PRIDHVI RAJU
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
2
Dr. YLR, J
Crl.P.No.7333 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.4 and 8 on
bail in Cr.No.57 of 2025 of Gajuwaka Police Station, Visakhapatnam
Commissionerate, registered against the petitioners/Accused Nos.4 and 8
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. The case of the prosecution is that on 11.02.2025, on receipt of
credible information regarding the illegal possession and transportation of
ganja, the Sub-Inspector of Police, Gajuwaka Police Station, along with his
staff, secured the presence of mediators and obtained a search warrant,
and reached D.No. 24-9-1/3, behind More Super Market, VUDA Colony,
Kanithi Road, Gajuwaka, Visakhapatnam. The police found that the said
house is a three-storied building, and upon entering the said building, they
found one house on the ground floor. The police knocked on the door of
the ground floor house, and soon after, one male person opened the door.
The police then found eight male persons inside the house. Upon
3
Dr. YLR, J
Crl.P.No.7333 of 2025
Dated 11.08.2025
verification, they found six cardboard boxes in the bedroom. The six
cardboard boxes contained 90 packets of ganja. During the interrogation,
the Sub-Inspector of Police seized 4 packets from the vehicle KIA Seltos,
grey colour, bearing registration No. OD 10 U 7595. The Investigating
Officer seized a total of 94 packets of ganja, weighing 184.00 kgs, under
the cover of a mediators’ report, and the accused were arrested.
3. Mr.K.Pridhvi Raju, the learned counsel for the petitioners contends that
the petitioners are innocent of the alleged offence and have been falsely
implicated by the police. It is further submitted that the petitioners are the sole
earning members of the family and, therefore, 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.
4
Dr. YLR, J
Crl.P.No.7333 of 2025
Dated 11.08.2025
5. As seen from the record, the petitioners/Accused Nos.4 and 8 were
indulged in possession of 184.00 kgs of ganja. Although it is commercial
quantity, the petitioners have been languishing in the jail since 11.02.2025
onwards. Nearly for the past 180 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 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 petitioners/Accused Nos.4 and 8 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.
7. Section 36A(4) of ‘the NDPS Act‘ states that if the investigation is not
completed within 180 days, the petitioners/Accused Nos.4 and 8 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.
5
Dr. YLR, J
Crl.P.No.7333 of 2025
Dated 11.08.2025
8. Considering the period of detention undergone by the
petitioners/Accused Nos.4 and 8 in judicial custody for the past 180 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:
i. The petitioners/Accused Nos.4 and 8 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
sureties each for the like sum each to the satisfaction of the
learned III Additional Chief Judicial Magistrate at Gajuwaka,
Visakhapatnam.
ii. The petitioners/Accused Nos.4 and 8 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 petitioners/Accused Nos.4 and 8 shall not leave the
limits of the District without prior permission from the Station
House Officer concerned.
iv. The petitioners/Accused Nos.4 and 8 shall not commit or
indulge in commission of any offence in future.
v. The petitioners/Accused Nos.4 and 8 shall cooperate with
the investigating officer in further investigation of the case and
6
Dr. YLR, J
Crl.P.No.7333 of 2025
Dated 11.08.2025shall make themselves available for interrogation by the
investigating officer as and when required.
vi. The petitioners/Accused Nos.4 and 8 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 petitioners/Accused Nos.4 and 8 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
7
Dr. YLR, J
Crl.P.No.7333 of 2025
Dated 11.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7333 of 2025
Date: 11.08.2025
RSI