Koruprolu Durga Prasad Rao v. The State Rep By Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Koruprolu Durga Prasad Rao ..Petitioner Vs The State rep by Union of India Narcotics Contral Bureau, Chennai Zonal Unit, Chennai (R.R.No.57 Of 2020) ..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS Act to enlarge the petitioner on bail pending trial in C.C.No.170 of 2021 on the file of I Additional Special Judge for NDPS Act, Chennai.

For Petitioner:

Mr.T.S.Sasi Kumar For Respondent:

Mr.N.P.Kumar, Special Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 24.03.2022 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C) , 25, 28 and 29 of NDPS Act in R.R.No.57 of 2020 on the file of the respondent, seeks bail.

2. The case of the prosecution is that truck bearing Reg No.AP 05 Y 4473 was intercepted by the respondent and 288.5 kgs of ganja was alleged to have been recovered and seized from the truck driven by A1. The petitioner is the owner of the vehicle. He has been under incarceration since 24.03.2022

3. The learned counsel for the petitioner submitted that the petitioner is under terminal ill and has been taking treatment for chronic kidney disease at Stage 4 and has been undergoing regular dialysis. He further submitted that the co accused has already released on bail by the Hon'ble Supreme Court in SLP NO.16070 of 2023 dated 31.01.2024 and based on said order, A2 was also released on bail by this Court in Crl.OP.No.7971 of 2025 dated 30.06.2025. Therefore, notwithstanding the parity, as that of the Accused 1 and 2 on account of medical ground he may be considered for bail. Hence, he prays to grant bail to the petitioner.

4. The learned Special Public Prosecutor appearing for the respondent authority submitted that 288 kgs of ganja has been recovered and this petitioner being the owner of the vehicle. He further submitted that the other Accused are drivers and cleaners of the vehicle. Therefore, the petitioner cannot seek parity with that of the above order as the petitioner being the owner and there was huge recovery of ganja. Hence, he opposed to grant bail to the petitioner.

5. At this juncture, it is appropriate to refer the letter addressed by the Superintendent, Central Prison, Visakhapatnam to the learned I Additional District and Sessions Judge, Visakhapatnam city, copy marked to the learned I Additional Special Court (NDPS Act) Chennai.

6. For ready reference, the same is depicted as below:

7. The authenticity of the letter is not seriously disputed by the learned Special Public Prosecutor.

8. This Court has perused the medical certificate issued by the Civil Assistant Surgeon, Central Prison, Visakhapatnam, where the Civil Assistant Surgeon has observed as follows:

9. From the perusal of the above records, it is obvious that the petitioner is terminally ill and he is in a grave situation, and not responding satisfactorily to the treatment which is being given by the Prison Authorities. In such view of the extraordinary situation though he is not entitled to have parity as he being the owner of the vehicle, on account of grave medical ground, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

10. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, out of which one blood surety, for a like sum to the satisfaction of the learned I Additional Special Judge for NDPS Act, Chennai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the learned I Additional District and Sessions Judge, Visakhapatnam City daily at 10.30 a.m until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the

petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

07-04-2026 SHL Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To:

1. The I Additional Special Judge for NDPS Act, Chennai

2. I Additional District and Sessions Judge, Visakhapatnam city

3. The Narcotics Contral Bureau, Chennai Zonal Unit, Chennai

4. The Central Prison, Visakapatnam

C.KUMARAPPAN J.

SHL 07-04-2026