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High Court of Andhra Pradesh · body

2025 DAILYLAW 10062 (AP)

MAJJI CHANTI BABU @ MAJJI CHANDRA PADAL @ CHANTI @ MOHAN v. THE STATE OF ANDHRA PRADESH

CRLP/2391/2025 · 2025-06-04

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(\'\ •` /. lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl Between : THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE .'PRESENT.I THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL PETI"ON NO|| 2391 OF 2025 1. Majji chantI' Babu @ MajH Chandra padaI @ ChantI-@ Mohan, s/o. Dharma Rao, aged about 32 years, R/o. Jallapa]II' VIIlage, Gutthulaputtu post, paderu Mandal, Al[uri sjtharama Raju Distrl-ct, A.P. 2. Komma satish Kumar, s/o.7"B`abu Rao, aged about 29 years, R/o. Malaguda v,llage, Gude 'panchayat, Hukumpeta Mandal, AIluri Sjtharama Raju District, A.P.`'y-I "" 3. Matha G,'rl, s/o. Rambabu, agedJabout 26 years, R/o. VanJangI' Village, -`\. \ ,.- -" Borra Mamidj, paderu Manda1,`J'`Al`luri sitharama Raju DI-Strict, A.P '``_ ,/..`,i., llt, I +|z < <ri |`n petitI-Oners/Accused No.1, 2, 4 AND The State ofAndhra pradesh, Rep`by its pubII-C Prosecutor, High court of Andhra pradesh. .-I.Respondent petitl'on under sectI'On 437 &J439 of cr.p.c and see.480 & 483 B.N.S.S., praylng that ln the circunistatnces stated in the affldavit filed lri .`¢,`- ,I support of the criminal Petl-tl'on, the High court may be pleased to enlarge the petjtI-Oners/Accused No.1, 2, 4 on bait pending disposal of Crime No.252/2024 of sabbavaram p.s., now Anakaparni Dl-¢|Stfict. .-r`c The petition coming on for hea'ri'rig, upon perusI'ng the Pe{jtion and the affidavlt filed ln support thereof and `upon hearing the arguments of SRI GOLLAPALLI MAHESWARA RA6I--Adv6cate for the petI-tiOner, Public Dr^t>--I I+-_ I_ __ f| prosecutor for the Respondent, the coderi made the followf-ng. ORDER \ + :t `\-~ i -€`-`--=3l -`-.r`.I:--`+;` _\'.I >r:= ORDER:- 1. The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSSJ), seeking to enlarge the petitioners/A1, A2 and A4 on bail in Cr.No.252 of 2024 on the file of Sabbavaram Police Station, Anakapalli, registered against the petitioners/A1, A2 and A4 herein for the offence punishable under Sections 20(b)(ii)(C) read with 8(c), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS Act'). 2. The case of the prosecut-Ion in nutshell is that on 01.12.2024 the Sub-Inspector of Police, Sabbavaram Police Station, Anakapalli, received information about the illegal possession and transportation of ganja. He secured the presence of mediators and rushed to opposite of Gottivada Law University, on the BT road leading from Chodavaram to Sabbavaram. There he conducted vehicle check and apprehended A1, A2 and A4, while the other four persons escaped from there. During the investigation, |lt was disclosed that 167 kgs of ganja was seized under the cover of mediators report. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. ` . `_- 4. Lear-ned counsel for the petitioners submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Perconfra, the learned Assistant Public Prosecutor, opposed the bail application stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioners have been in the judicial custody for the past 186 days. The petitioners are residents of AIluri Sitharama Raju District of Andhra Pradesh. If the petitioners are enlarged on bail with stringent conditions, they woulcl not flee away from the clutches of the law, and interest of the J-llStiCe WOuld be served. 7. Keeping in view of the period of detention undergone by the petitioner; in judicial custody for more than 186 days, the nature and gravity of allegations leveled against the petitioners, and their alleged role in this case, this court is inclined to enlarge the petitioners on bail with the following stringent conditions. a-C- ctf4f? EE5B- . . To, ksr 8. In the result, the criminal petition is allowed with the following conditions: (i) The petitioners shall execute personal bond for Rs.10,000/-(Rupe6s Ten Thousand only) each with two sureties for like sum each, to the satisfaction of learned I Additional District and sessions Judge- Gum-Special Judge for trial of offences under NDPS Act, Visakhapa{nam. (ii) The petitioners are directed to appear before the Station House Officer, Sabbavaram police Station, Anakapalli, on every Saturday between 10.00 a.m. to 05.00 p.m., till filing of the charge sheet. As a sequel, pending applications, if any, shall stand closed. SD/-M.SRINIVAS STRAR //TRUE COPY// i_s_si::fN T#l SECTION OFFICER 1. The I AddI. District & sessions Judge-Gum-special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, central Jail, Visakhapatnam, visakhapatnam District. 3. The SHO, Sabbavaram police station, Anakapalli District. 4. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 5. Two cos to PUBLIC PROSJ±C.UTOR, High Court ofAndhra Pradesh.[ouT] 6. One spare copy HIGH COURT TCDS, J DATED:05/06/2025 BAIL ORDER CRLP.No.2391 of 2025 ALLOWED