Andhra Pradesh HC Grants Bail as Charge Sheet Not Filed Even After 180 Days

Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

Date: 22.09.2026

Andhra Pradesh HC Grants Bail as Charge Sheet Not Filed Even After 180 Days

The Andhra Pradesh High Court has granted bail to an accused in an NDPS case involving an alleged 59.160 kg of ganja, taking note of his 201 days of judicial custody, substantial completion of investigation, absence of adverse antecedents, and the fact that the charge sheet had not been filed even after expiry of the statutory period of 180 days.

The order was passed by Dr. Justice Y. Lakshmana Rao in Pawan Kumar Yadav v. State of Andhra Pradesh, Criminal Petition No. 7886 of 2026, on September 21, 2026.

Bail Sought in Commercial Quantity NDPS Case

• The petitioner, Pawan Kumar Yadav, arrayed as Accused No. 4, approached the High Court under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking bail in Crime No. 41 of 2026 registered at Gokavaram Police Station, East Godavari District.
• The case was registered for alleged offences punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
• The Court recorded that the allegation against the petitioner concerned involvement in dealing with 59.160 kg of ganja, which constituted a commercial quantity.

Petitioner Claimed False Implication

• Counsel for the petitioner contended that Pawan Kumar Yadav was innocent and had been falsely implicated by the police. It was further submitted that he was the sole earning member of his family and that his continued incarceration would cause undue hardship to his dependants.
• The petitioner also undertook to comply with any conditions imposed by the High Court if released on bail.

State Opposed Bail

• The prosecution strongly opposed the application, arguing that the investigation was still underway and that several material witnesses remained to be examined.
• The Assistant Public Prosecutor contended that releasing the petitioner at that stage could create a risk of his absconding, thereby affecting the ongoing investigation and the process of law.

201 Days in Custody, But No Charge Sheet

• A significant factor considered by the High Court was the length of the petitioner’s incarceration.
• The petitioner had been arrested on March 4, 2026 and had remained in judicial custody for 201 days by the time the bail petition was considered.
• The Court specifically recorded that although a substantial part of the investigation concerning the petitioner’s alleged role had been completed, the charge sheet had not been filed even after expiry of the statutory period of 180 days.

The Court further noted that:

• no application seeking custodial interrogation of the petitioner had been filed;
• the period for filing such an application had expired;
• no application seeking extension of the period of judicial custody had been filed; and
• no adverse antecedents had been reported against the petitioner.

Rajasthan Residence Not Sufficient to Deny Bail

• The petitioner was a permanent resident of Rajasthan. Nevertheless, the High Court observed that he had a fixed abode and considered that stringent bail conditions could adequately address the prosecution’s apprehensions.
• The Court found that, if released subject to such conditions, there was no likelihood of the petitioner absconding, threatening witnesses, tampering with evidence or hampering the further investigation.

High Court Grants Bail With Stringent Conditions

• Considering the facts and circumstances, nature and gravity of the allegations, period of incarceration and stage of investigation, the High Court held that the petitioner could be enlarged on bail subject to stringent conditions.
• The Court accordingly allowed the criminal petition and directed his release on a ₹50,000 bond with two sureties for the like amount each, to the satisfaction of the I Additional Judicial Magistrate of First Class, Rajamahendravaram.
• The petitioner was also directed to appear before the concerned Station House Officer every Saturday between 10:00 AM and 5:00 PM until filing of the charge sheet, and not to leave the district without prior permission of the SHO.
• He must cooperate with further investigation, make himself available for interrogation when required, refrain from influencing or threatening persons acquainted with the case, and surrender his passport, if any. If he does not possess a passport, he must furnish an affidavit to that effect.

Why the Decision Is Significant

• The order is notable because the alleged quantity of ganja was expressly recorded as commercial quantity, yet the High Court considered the prolonged custody and procedural status of the investigation while deciding the bail application.
• The particularly important factual circumstances recorded by the Court were the petitioner’s 201-day incarceration, failure to file the charge sheet after expiry of the 180-day period, substantial completion of investigation concerning his alleged role, absence of any application for extension of judicial custody, and lack of adverse antecedents.
• The order, however, is only a bail decision. The High Court did not acquit the petitioner or finally determine whether the allegations under the NDPS Act were proved. Those questions remain matters for the criminal proceedings.

Key Takeaway

The Andhra Pradesh High Court granted bail to an accused allegedly involved in a 59.160 kg ganja case after finding that he had already spent 201 days in judicial custody, while the charge sheet remained unfiled beyond the 180-day statutory period and no application for extension of judicial custody had been made.

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Source: Andhra Pradesh High Court

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Ravi Shekhar Jha – Advocate, Bar Council of Delhi