Andhra Pradesh High Court
CRLP/2478/2026 of Sushila Das, Vs The State of Andhra Pradesh on 7 April 2026
COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY , THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX iPRESENT: HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2478 OF 2026 Between: Sushila Das, S/o. Pithabas Das, aged about 19 years, R/o. Goudagotha Village, Thalpatma,
■-Jh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY ,THE EIGHTH DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
iPRESENT:
HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2478 OF 2026
Between:
Sushila Das, S/o. Pithabas Das, aged about 19 years, R/o. Goudagotha Village, Thalpatma, Goudagotha Post, Badagada Sub-District, Ganjam District, Odisha State
.. .Petitioner/Accused
AND
The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh
...Respondent
Petition under Sections 437 & 439 Cr.P.C and Sec. 480 & 483
BNSS., is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail pending disposal of Crime No.46/2026
of
Visakhapatnam Railway P.S., Visakhapatnam.
The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI. KOLLI USHA KIRANMAYEE Advocate for the Petitioner, PUBLIC
PROSECUTOR
for
the
Respondent
and
the
Court
made
the
following.
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No: 2478 of 2026
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Order:
The Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita. 2023 (for brevity ‘the BNSS’), has been filed by the petitioner/accused, seeking regular bail in Crime No.46 of of Visakhapatnam GRP Police Station. A case has been registered against the petitioner and others for the offences punishable under Sections 8(C) read with 20(b)(ii)(B) of the NDPS Act.
2. Case of the prosecution, in brief, is that on 05.02.2025 in between 11.00 hours to 13.30 hours at Loco End, PF No.1 of Visakhapatnam Railway Station, caught accused in possession of 8 KGs of Ganja worth of Rs.4,00,000/-. The contraband along with other material were seized under the cover of mediators report and accused was remanded to judicial custody.
3. Heard Sri Kolli Usha Kiranmayee, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner did not commit any offence and that a false case has been foisted against him. It is further submitted that the petitioner was arrested and remanded to judicial custody on 05.02.2025 and has been in custody since then. The quantity of Ganja seized is 8 KGs which is a non-commercial quantity. As the statutory
5. period of 90 days has elapsed and no charge sheet has been filed, the petitioner is entitled to statutory bail under Section 187(3) of BNSS. Learned Assistant Public Prosecutor also concedes with the submission of the learned counsel for the petitioner.
6.
7. A perusal of the material on record would show that the petitioner was arrested on 05.02.2025 and remanded to judicial custody on the same day. The quantity of contraband seized is 8 KGs which is a non-commercial quantity. The statutory period of 90 days has been completed and till today no charge sheet has been filed. It is also submitted by the learned Special Assistant Public Prosecutor that no petition seeking extension of time has been filed by the police.
8. In view of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Accused, on the following conditions,
(i) Petitioner/Accused shall be released on bail on executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge, Visakhapatnam.
(ii) On release, the petitioner/accused shall appear before the Station House Officer concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet,
(iii) The petitioner/accused shall not directly or indirectly contact threaten the witnesses under any circumstances and any such attempt shall or b6 construed es an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. / SD/-B.CH1TT! JOSEPH deputy REGISTJ^R SECTION OFFICER //TRUE COPY// To,
1. The I Addl.District & Sessions Judge for Trail of offences under NDPS Act, Visakhapatnam, Visakhapatnam District.
2. The Superintendent, Central Jail, Visakhapatnam.
3. The Station House Officer, Visakhapatnam Railway P.S., Visakhapatnam One CC to SRI. KOLLI USHA KIRANMAYEE Advocate [OPUC]
5. Two CC to SRI. PUBLIC PROSECUTOR, High Court of A.P.,Amaravati [OUT]
6. One spare copy
4. HIGH COURT DR.VJPJ DATED:08.04.2026 BAIL ORDER CRLP.No.2478 OF 2026 ALLOWED