Andhra Pradesh HC Grants Bail In Intermediate Ganja Possession Case Under NDPS Act

The Andhra Pradesh High Court has reinforced the principle of parity and the distinction between intermediate and commercial quantities in narcotics cases, granting bail to an accused held for 42 days for possessing 3.850 kgs of ganja. The ruling underscores that where the quantity is not commercial and no adverse antecedents exist, custodial interrogation may no longer be necessary once the investigation has significantly progressed.

A Single Judge bench of Bharatiya Nagarik Suraksha Sanhita, 2023 Justice Y. Lakshmana Rao heard the criminal petition filed by the second accused seeking enlargement on bail. The court evaluated the necessity of continued incarceration against the backdrop of the investigation status and the specific quantity of the seized substance.

Court's Rationale on Liberty and Investigation

The court observed that the petitioner had been in judicial custody since August 19, 2026, and that there were no similar adverse antecedents reported against him. It was further noted that the petitioner, a permanent resident of Tamil Nadu with a fixed abode, was unlikely to interfere with the investigation if released under strict conditions.

The Court, in its reasoning, observed: "The Petitioner is alleged to have been indulging in dealing with 3.850 kgs of ganja. It is not a commercial quantity. The Petitioner is a permanent resident of State of Tamil Nadu. He has got fixed abode. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening witnesses, or tampering with evidence."

Directions Issued to the Petitioner

The Court has following directions:

"i. The Petitioner/Accused No.2 shall be enlarged on bail subject to him executing a 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 Fist Class, Palasa.

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 filing of the charge sheet.

iii. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future.

iv. 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.

v. 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.

vi. The Petitioner/Accused No.2 shall surrender his passport, if any, to the Investigating Officer, if he claims that he does not have passport, he shall submit an affidavit to that effect before the Investigating Officer."

Background

The petitioner was arraigned as Accused No. 2 in Crime No. 271 of 2026 at Kasibugga Police Station, Srikakulam District, for alleged offences under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution opposed the bail, citing the ongoing nature of the investigation and the risk of the petitioner absconding. The petitioner's counsel argued for innocence, false implication, and the hardship caused to the petitioner's family as the sole breadwinner.

The court took judicial notice of the order in Crl.P.No.8265 of 2026, where Accused No. 4 was granted bail, and determined that the petitioner's 42-day custody was sufficient under the circumstances. The petition was subsequently allowed.

Case Details:
Case No.: CRIMINAL PETITION NO: 8501/2026
Neutral Citation: 2026:APHC:41146
Case Title: SUDHAKAR K v. THE STATE OF ANDHRA PRADESH
Appearances:
For the Petitioner(s): DASARI RAMAKOTESWAR RAO, Counsel
For the Respondent(s): PUBLIC PROSECUTOR

Source: 2026 CaseBase(AP) 17606