Andhra Pradesh High Court · 2026

This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/Accused Nos.1 to 6, seeking regular bail, in petitioners/Accused Nos.1 to 6 on bail in Crime No.01 of 2026 of Kovur Police Station, SPSR Nellore District, registered for the offence punishable under Sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard Sri Venkatesh Kosaraju, learned counsel for the petitioners and Mrs.K.Priyanka Lakhmi, learned Assistant Public Prosecutor on behalf of the State.

The case of the prosecution, in brief, is that, on 06.01.2026 at about 10:30 am, near Thatha Gari Vantillu Hotel, on Peddapadugu Main Road, Kovuru Mandal, the police apprehended the accused persons while they were in conscious possession of 6.635 Kgs of Ganja.

Learned counsel for the petitioners would submit that the petitioners herein are the accused Nos.1 to 6. They have been in judicial custody since

06.01.2026. It is further submitted that the essential ingredients constituting the alleged offences are wholly absent as against the petitioners. He would further submit that statutory period is also completed. The contraband seized in the present crime is only 6.635 Kgs of Ganja, which is a non commercial 4 quantity. The petitioners have been falsely implicated in the present case. The petitioners undertake to abide by any conditions that may be imposed by this Court and is ready to furnish adequate sureties to the satisfaction of this Court. He finally prays to allow the petition.

Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that, though the contraband involved in this matter is a non- commercial quantity of 6.635 kgs of Ganja and the statutory period has been completed in this matter, simultaneous bail applications have been filed by Petitioner Nos. 1 and 4 to 6 before this Court as well as before the learned Special Court. She would further submit that the investigation is still pending the petitioners herein are habitual offenders, with criminal antecedents pending against them. She finally prays for dismissal of the petition.

Considering the submissions and a fair look at the material placed before this Court, though the contraband involved is a non-commercial quantity of 6.635 kgs of Ganja and the statutory period has been completed, it is submitted by the learned Assistant Public Prosecutor that the investigation is still pending and that the petitioners are habitual offenders with criminal antecedents. It is also brought to the notice of this Court that simultaneous bail applications have been filed by the petitioner Nos. 1 and 4 to 6 before this Court as well as before learned Special Court. 5

In view of the aforesaid facts and circumstances of the case, the request of the petitioners cannot be considered at this juncture inasmuch as there are no reasonable grounds to believe that the petitioners have not indulged in the commission of the alleged offence and if the petitioners are released on bail they would not commit similar offence in future. There are no merits in the Criminal Petition for grant of bail to the petitioners. Hence, the Criminal Petition is liable to be dismissed.