Andhra Pradesh High Court – Amravati
Laxmikanta Sisa, vs The State Of Andhra Pradesh on 21 July, 2025
APHC010317352025
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: 6544/2025
Between:
Laxmikanta Sisa and others ...PETITIONER/ACCUSED(S)
AND
The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
Adapa Sudhakar 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 ‘the BNSS’),
seeking to enlarge the petitioners/Accused Nos.1 to 6 on bail in Cr.No.05 of
2025 of Pachipenta Police Station, Parvathipuram Manyam, registered against
the petitioners/Accused Nos.1 to 6 herein for the offence punishable under
Sections 20(b)(ii)(C), read with 8(c) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for brevity ‘the NDPS Act‘).
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Dr.YLR, J
Crl.P.No.6544 of 2025
Dated 21.07.2025
2. The case of the prosecution is that on 10.01.2025, the Sub-Inspector of
Police Pachipenta Police Station, on receipt of credible information regarding
the illegal possession and transportation of ganja, secured the presence of
mediators, and inspected the vehicles. The Sub-Inspector of Police noticed
the petitioners in one Bolero car coming from Kotikipenta side, and on seeing
the police, they tried to sculk away. The Sub-Inspector of Police apprehended
the petitioners and found in their possession 670.825 KGs of Ganja seized
them under a mediators’ report and arrested them.
3. Heard learned counsel for the petitioner and the learned Assistant
Public Prosecutor.
4. Sri Adapa Sudhakar, the learned counsel for the petitioners, submits
that the petitioners have not committed any offence; they were falsely
implicated in this case; they are sole bread winners of their family; they are
ready to abide any conditions to be imposed by this Court; and urged to
enlarge the petitioners on bail.
5. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public
Prosecutor, submits that the petitioners were found in possession of 670.825
KGs of Ganja, which is a commercial quantity. However, it is submitted that
there are no adverse antecedents against the petitioners, and requested to
pass appropriate orders.
6. Perused the record.
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Dr.YLR, J
Crl.P.No.6544 of 2025
Dated 21.07.2025
7. As seen from the record, the petitioners have been in the judicial
custody for the past 192 days. The learned Assistant Public Prosecutor fairly
conceded that there are no adverse antecedents against the petitioners.
8. The learned Assistant Public Prosecutor submits that there are no
adverse antecedents against the petitioners/accused Nos.1 to 6 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.
9. Section 36A(4) of ‘the Act.,’ states that if the investigation is not
completed within 180 days, the petitioner/accused 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 the investigation and
specific reasons for the detention of the accused beyond the initial period.
10. Keeping into consideration the number of days the petitioners have
been in judicial custody, the nature of the allegations levelled against them,
and their alleged role in the case, this Court is inclined to enlarge the
petitioners on bail with certain stringent conditions.
11. This Court is of the opinion that if certain stringent conditions are
imposed on the petitioners for securing their presence before the learned Trial
Court for trial, the interest of justice would be met.
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Dr.YLR, J
Crl.P.No.6544 of 2025
Dated 21.07.2025
12. In the result, the Criminal Petition is allowed with the following
conditions:
i. The petitioners/A-1 to A-6 shall be enlarged on bail subject to
them executing a personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh Only), each with two sureties for the like sum
each to the satisfaction of the learned Judicial Magistrate of I
Class, Salur.
ii. The petitioners/A-1 to A-6 shall appear before the Station
House Officer, Pachipenta Police Station, Parvathipuram
Manyam District, on every Saturday in between 10:00 am and
05:00 pm, till the conclusion of the Trial.
iii. The petitioners/ A-1 to A-6 shall not leave the limits of the
District without prior permission from the learned Trial Judge.
iv. The petitioners/A-1 to A-6 shall not commit or indulge in
similar offences in future.
v. The petitioners/A-1 to A-6 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
KMS
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Dr.YLR, J
Crl.P.No.6544 of 2025
Dated 21.07.2025THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.6544 of 2025
Date: 21.07.2025
KMS