Extracted from the PDF above. The PDF is authoritative.
1 == r=E jrr IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO: 2383 OF 2025 Between :
1. Basina Naveen, S/a. Nooka Raju, aged about 20 years, R/o. D.No.26-5- 6, Navab Peta, Near Ram Mandir, Dasannapeta, Vizianagaram, Vizianagaram District. 2. Palaka Santhosh @ Limma Santhosh Kumar, S/o. Late Raja, aged about 19 years, R/o. Golla Veedhi, Daily Market, Kalyani Singapur, Rayagada District, Odisha State. Petitioners/Accused No.1,2 AND The State ofAndhra Pradesh, Rep by its PubII|C Prosecutor, High Court of Andhra Pradesh. Respondent Petition under sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in Support Of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.1, 2 on bail pending disposal of Crime No.48/2025 of I Town P.S., Vizianagaram District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri ADAPA SUDHAKAR RAO, Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent and the Court made the following;
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2383/2025 Between : Basina Naveen and Others The State Of Andhra Pradesh AND [3369] ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):
1.ADAPA SUDHAKAR RAO Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/Al and A2, seeking ba'lI, in Crime No.48/2025 of I Town Police Station, Vizianagaram. 2. A case has been registered against the petitioners for the offence punishable u/Sec.20(b)(ii)(B) r/w 8(c) of NDPS Act. 3. Heard learned counsel for the petitioners/Al and A2 and the learned Assistant Public Prosecutor representing the respondent/State. 4.
Case of the prosecution, in brief, is that, on 20.2.2025 in between 5.OO and 7.30 pm, on receipt of credible information regarding illegal possession and transportation of ganja, the S.I of Police, I Town Police Station, Vizianagaram, along with staff and mediators rushed to old railway quarters, Vizianagaram town and found two persons in suspicious ETE=-_ -i- efro 8Lr-
2 ~| circumstances. On enquiry, the said two persons disclosed their identity particulars as that of Al and A2 and police found 2 kgs of ganja in their possession. Police seized the contraband and arrested the accused and got them remanded to judicial custody on the same day. 5. Heard. Perused the record. 6. Learned Assistant Public Prosecutor submits that major part of the investigation is completed except filing of charge sheet for want of RFSL report and prays to dismiss the petition. 7. Learned counsel for the petitioner submits that a crime came to be registered on 20.02.2025 and the petitioners/Al and A2 are found to be in possession of 2 kgs of ganJ'a Which iS nOn-commercial quantity and the petitioners are in judicial custody from 20.02.2O25 and prays to enlarge the petitioners on bail. 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioners were arrested and remanded to judicial custody on 20.02.2025 and the seized contraband is only 2 kgs which is non-commercial quantity. Since the petitioners have been in remand from 20.02.2025, this Court found that most of the investigation pertaining to the role played by the pet-ltioners in the commission of the offence would be completed. It is submitted that the petitioners have permanent abode and there is no possibility of their fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioners would not cause tampering of evidence and .-I. l--.-`
3 hamper'lng of investigat'lon. When ascertained, learned Assistant Public prosecutor submitted that no antecedents are reported against the petitioners. considering the entire material on record, this Court is inclined to grant bail to the petit'loners with some conditions. 7.
ln the result, the Criminal Petition is allowed With the following conditions: (i) The petitioners/Al and A2 herein shall be released On their executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the learned I Additional Sessions Judge-Gum- special Judge for trial Of Cases under NDPS Act, Vizianagaram; (ii) on release, the petitioners shall appear before the Station House Officer concerned Once in a fortnight i.e. On every 2nd and 4th Sunday between 10.00 a.m. and 05.00 p.m., for a period of three (03) months. (iii) the petitioners shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. Sd/-A., VENUrESF'AL Ejal.A`O ASSIS Fa //TRUE COPY// :-ER-:-: EGiSTR.AR SEc"oN OFFICER I \ \ u To, 1 ) The Special Judge for Trial of OffenceS under NDPS Act-cum-I Additional Sessions Judge, V'lzianagaram. 2) The Superintendent, Central Jail, V'lsakhapatnam 3) The S.H.O., I Town P.S., Vizianagaram District 4) One CC to SRl. ADAPA SUDHAKAR RAO Advocate [OPUC] 5) Two CCs tO Public Prosecutor, High Court of AP [OUT] 6) One spare COPY Kj
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HIGH COURT TMR,J DATED :25/03/2O25 BAIL ORDER CRLP.No.2383 of 2025 ALLOWED *±±ii.iI•S.±.2 -```=`.*s£--§*£`.¥ ng-F^