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Andhra Pradesh High Court – Amravati
Jyothi Bhusan Behera vs The State Of Andhra Pradesh on 21 July, 2025
APHC010292132025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
MONDAY,THE TWENTY FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 6085/2025
Between:
JYOTHI BHUSAN BEHERA, S/O. NAGABHUSHAN BEHERA, AGED
ABOUT 33 YEARS R/O. PURANA KORAPUT, KORAPUT TOWN,
KORAPUT DISTRICT, ODISHA STATE.
...PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High
Court 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
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Dr. YLR, J
Crl.P.No.6085 of 2025
Dated 21.07.2025
‘the BNSS’), seeking to enlarge the petitioner/Accused No.3 on bail in
Cr.No.202 of 2024 of Ramabhadrapuram Police Station, Vizianagaram
District, registered against the petitioner/Accused No.3 herein for the
offences punishable under Section 8(c) read with 20 (b) (ii)(C) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the
NDPS Act‘).
2. The case of the prosecution is that on 12.12.2024, on receipt of
credible information regarding illegal possession of Ganja, the Sub-
Inspector of Police, Ramabhadrapuram Police Station, along with his staff
and secured the mediators and rushed to Kottakki Village Junction and
conducted vehicle checking. The police noticed one lorry and two bolero
vehicles coming towards them and on seeing the police, the drivers tried to
escape. The Sub-Inspector of Police along with staff apprehended
Accused Nos.1 to 3 and found in their possession 810 KGs of Ganja. The
Police seized the contraband under the cover of mediator’s report and
remanded to the accused judicial custody.
3. Sri G.Maheswara Rao, the learned counsel for the petitioner, submits
that the petitioner has not committed any offence; he was falsely implicated
in this case; he is sole breadwinner of his family; he is ready to abide any
conditions to be imposed by this Court; and urged to enlarge the petitioner
on bail.
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Dr. YLR, J
Crl.P.No.6085 of 2025
Dated 21.07.2025
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
petitioner is enlarged on bail, he would not be available for the investigation
and he 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 petitioner was indulged in transportation
and possession of 810 KGs of Ganja. The petitioner has been languishing
in the jail since 13.12.2024 onwards, nearly 230 days he hasbeen in the
judicial custody.
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
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 petitioner/Accused No.3 has an
indefeasible right to bail, unless the Special Court extends the period up to
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Dr. YLR, J
Crl.P.No.6085 of 2025
Dated 21.07.2025
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 petitioner has
been in judicial custody, the nature of the allegations levelled against him,
stage of the investigation and his alleged role in the case, this Court is
inclined to enlarge the petitioner on bail with certain stringent conditions.
10. In the result, the Criminal Petition is allowed with the following
conditions:
i. The petitioner/Accused No.3 shall be enlarged on bail
subject to he executing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only), with two sureties
for the like sum each to the satisfaction of the learned Judicial
Magistrate of First Class, Salur.
ii. The petitioner/Accused No.3 shall appear before the
Station House Officer, Ramabhadrapuram Police Station,
Vizianagaram District, on every Saturday in between 10:00 am
and 05:00 pm, till the conclusion of the Trial.
iii. The petitioner/Accused No.3 shall not leave the limits of
the District without prior permission from the learned Trial
Judge.
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Dr. YLR, J
Crl.P.No.6085 of 2025
Dated 21.07.2025iv. The petitioner/Accused No.3 shall not commit or indulge
in similar offences in future.
v. The petitioner/Accused No.3 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.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 21.07.2025
RSI
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Dr. YLR, J
Crl.P.No.6085 of 2025
Dated 21.07.2025THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.6085 of 2025
Date:21.07.2025
RSI
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