Prolonged Custody and Lack of Antecedents Justify Bail in NDPS Case: Andhra Pradesh HC

Granting relief to an accused who spent over 240 days in judicial custody, the High Court of Andhra Pradesh has reinforced the principle of liberty by granting bail where the prosecution failed to demonstrate criminal antecedents or direct evidence beyond a co-accused's confession.

The single-judge bench of Justice Dr. Y. Lakshmana Rao heard a criminal petition filed by the seventh accused seeking enlargement on bail in connection with Crime No. 225 of 2024. The petitioner was facing charges for commercial quantity possession under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Key Takeaways

Custody Period vs. Trial Delay

Finding that the petitioner had been in custody for 244 days since January 2026, the court prioritized the right to liberty when the investigation was completed and the charge sheet was already filed.

Evidentiary Value of Confessions

Restated the cautious approach toward cases where an accused's role is identified solely through the disclosure statements of co-accused persons, especially in the absence of other corroborative antecedents.

Balance of Gravity and Personal Liberty

While acknowledging the severity of Narcotic Drugs and Psychotropic Substances Act, 1985 offences, the court held that fixed residency and lack of prior criminal history weigh in favor of granting bail with stringent conditions.

Court Observation on Investigation and Judicial Custody

The Court noted that the investigation had already resulted in the filing of a charge sheet, which was numbered as NSC.No.184 of 2026. It further observed that the petitioner was a permanent resident with a fixed abode, reducing the risk of absconding. The Court, in its reasoning, observed: "As seen from the record, except this petitioner/Accused No.7, the other accused were enlarged on bail by the learned trial Court on 12.05.2025... There are no similar adverse antecedents reported against the petitioner. The role of the petitioner came into light based on the confession given by the co-accused."

Directions Issued to the Petitioner

The Court has the following directions:

"i. The Petitioner/Accused No.7 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for the like sum each to the satisfaction of the learned II Additional Judicial Magistrate, Visakhapatnam.

ii. The Petitioner/Accused No.7 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.7 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

iv. The Petitioner/Accused No.7 shall not commit or indulge in commission of any offence in future.

v. The Petitioner/Accused No.7 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required.

vi. The Petitioner/Accused No.7 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."

Ratio

In applications for bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 involving narcotic substances, the court must weigh the gravity of the allegations against the duration of judicial custody, the status of the investigation (filing of charge sheet), and the presence or absence of criminal antecedents. Where the accused has a fixed abode and the role is primarily linked via co-accused confessions, bail may be granted with stringent reporting conditions to ensure the integrity of the trial.

Background

The petitioner, Korra Sethu, was arrested on January 7, 2026, in connection with an incident dated October 1, 2024, registered at the Gopalapatnam Police Station. The prosecution, relying on the Bharatiya Nagarik Suraksha Sanhita, 2023 and Narcotic Drugs and Psychotropic Substances Act, 1985, alleged involvement in drug-related offences. The petitioner's counsel argued that he was a law-abiding citizen and the sole breadwinner, falsely implicated based on confessions from other accused. Conversely, the Assistant Public Prosecutor opposed the bail, citing the ongoing nature of the process and the potential for the accused to abscond. The Court, after perusing the record, noted that other co-accused had already been granted bail and that the petitioner had been in custody for 244 days, ultimately allowing the petition under Section 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

Case Details:
Case No.: CRIMINAL PETITION NO: 7466/2026
Neutral Citation: 2026:APHC:36508
Case Title: KORRA SETHU ALIAS MR ALIAS RAM v. THE STATE OF ANDHRA PRADESH
Appearances:
For the Petitioner(s): BALABHADRUNI MANOHAR, Advocate
For the Respondent(s): PUBLIC PROSECUTOR

Source: 2026 CaseBase(AP) 15653