Andhra Pradesh High Court – Amravati
Vanthala Mohana Rao vs The State Of Andhra Pradesh on 11 August, 2025
APHC010383912025
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: 8042/2025
Between:
VANTHALA MOHANA RAO, S/O NAGESWARA RAO, AGE 22 YEARS,
R/O NOOTHIBANDHA VILLAGE, CHINTAPALLI MANDAL, ASR
DISTRICT.
...PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, (Makavarapalem Police Station)
Rep. by the Public Prosecutor High Court of Andhra Pradesh Amaravati,
Guntur District.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
ARRABOLU SAI NAVEEN
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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Dr. YLR, J
Crl.P.No.8042 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 petitioner/Accused No.2 on bail in
Cr.No.27 of 2025 of Makavarapalem Police Station, Anakapalli District,
registered against the petitioner/Accused No.2 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 at about 10.30
hours, at Pydipala Junction, Makavarapalem Mandal, the accused were
transporting ganja without any license from Gurrala Panukulu on the
Odisha border to Delhi and Kolkata via Chinthapalli, Anjali Sanivaram,
Palamamidi, Bennabhoopalapatnam, Nindugonda, and Thallapalem. The
Sub-Inspector of Police, Makavarapalem Police Station, conducted vehicle
checking and arrested Accused Nos. 2, 4, 9, and 10, and found in their
possession 515 kgs of ganja, which was seized under the cover of a
mediators’ report.
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Dr. YLR, J
Crl.P.No.8042 of 2025
Dated 11.08.2025
3. Mr.Arrabolu Sai Naveen, the learned counsel for the petitioner contend
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 continued 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, 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,
it is urged that the petition be dismissed.
5. As seen from the record, the petitioner/Accused No.2 was indulged in
transportation and possession of 515.00 kgs of ganja. Although it is
commercial quantity, the petitioner has been languishing in the jail since
11.02.2025 onwards. Nearly for the past 180 days he has 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
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Crl.P.No.8042 of 2025
Dated 11.08.2025
prosecution are official witnesses. Hence, the question of petitioner influencing
or threatening the witnesses or hampering the investigation may not arise.
6. The learned Assistant Public Prosecutor submits that there are no other
adverse antecedents against the petitioner/Accused No.2 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 petitioner/accused No.2 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.
8. Considering the period of detention undergone by the
petitioner/Accused No.2 in judicial custody for the past 180 days, the nature
and gravity of allegation 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.2 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 each for the like
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Crl.P.No.8042 of 2025
Dated 11.08.2025sum each to the satisfaction of the learned Additional Judicial
First Class Magistrate, Narsipatnam.
ii. The petitioner/Accused No.2 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.2 shall not leave the limits of the
District without prior permission from the Station House Officer
concerned.
iv. The petitioner/Accused No.2 shall not commit or indulge in
commission of any offence in future.
v. The petitioner/Accused No.2 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.2 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 petitioner/Accused No.2 shall surrender his passport, if
any, to the investigating officer. If he claims that he does not
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Crl.P.No.8042 of 2025
Dated 11.08.2025have a passport, he 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
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Dr. YLR, J
Crl.P.No.8042 of 2025
Dated 11.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.8042 of 2025
Date: 11.08.2025
RSI