The Andhra Pradesh High Court at Amaravati, on Wednesday, September 3, 2025, granted bail to a 20-year-old youth accused of transporting 40 kilograms of ganja. Justice Dr. Y. Lakshmana Rao delivered the order while hearing Criminal Petition No. 7709 of 2025 filed by Samaleti Shiva, who had been in judicial custody for nearly five months.
Background
The case stems from an incident on December 20, 2024, when Chinturu police in Alluri Sitarama Raju district intercepted a group allegedly carrying contraband. According to the prosecution, accused Nos. 3 to 5 were transporting the substance at the behest of two others. While one of the accused was caught near the police station, Shiva, listed as accused No. 4, was later implicated based on the confession of another co-accused.
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The police charged him under the stringent provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Since April 10, 2025, he had remained behind bars, waiting for trial to move forward.
Court's Observations
Counsel for the petitioner argued that Shiva was innocent, the sole breadwinner of his family, and wrongly dragged into the case.
"The petitioner is prepared to follow any condition this Court imposes," his lawyer submitted.
On the other side, the public prosecutor opposed bail, stressing that witnesses were yet to be examined and releasing Shiva might derail the investigation.
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Justice Rao carefully weighed both sides. The bench noted that Shiva had no criminal antecedents, and his alleged involvement surfaced only through another accused’s confession - a type of evidence considered weak in law. The Judge referred to a Supreme Court ruling which clarified that such confessional statements to police cannot be treated as reliable proof against co-accused.
Importantly, the Court also considered that two other accused in the same case had already secured bail earlier this year.
"The petitioner stands on the same footing as accused No. 3, who was released in February 2025," the bench observed, pointing to the principle of parity.
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Decision
Given these circumstances, the Court ordered Shiva’s release on bail with strict conditions. He must furnish a bond of ₹10,000 with two sureties, appear before the local police every Saturday, and remain within district limits until the chargesheet is filed. The order also bars him from tampering with evidence, contacting witnesses, or committing any fresh offence. Additionally, he is required to surrender his passport or file an affidavit if he does not own one.
With these directions, the criminal petition was allowed, and the young man walked out of custody after spending 147 days in jail.
Case Title: Samaleti Shiva vs State of Andhra Pradesh
Case No.: Criminal Petition No. 7709 of 2025
