APHC010119902025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: Between: 1. PRASANT MAJHI, S/O.CHAITANYA, AGED 22 YEARS, R/O.TALADESKA VILLAGE, GORAKPUR PANCHAYAT, KASHIPUR BLACK, RAYAGADA DISTRICT, ODISHA STATE. 2. RUPAK NAIK, S/O.TRILOCHAN NAIK, AGE 20 YEARS, R/O.TALADESKA VILLAGE, GORAKPUR PANCHAYAT BLACK, RAYAGADA DISTRICT, ODISHA STATE. 1. THE STATE OF ANDHRA PRADESH, By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Munchingput Police Station. Counsel for the Petitioner/accused(S): 1. PUVVALA SRINIVASA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2700/2025 PRASANT MAJHI, S/O.CHAITANYA, AGED 22 YEARS, R/O.TALADESKA VILLAGE, GORAKPUR PANCHAYAT, KASHIPUR BLACK, RAYAGADA DISTRICT, ODISHA STATE. RUPAK NAIK, S/O.TRILOCHAN NAIK, AGE 20 YEARS, R/O.TALADESKA VILLAGE, GORAKPUR PANCHAYAT KASHIPUR BLACK, RAYAGADA DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Munchingput ...RESPONDENT/COMP Counsel for the Petitioner/accused(S): PUVVALA SRINIVASA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3369] THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO PRASANT MAJHI, S/O.CHAITANYA, AGED 22 YEARS, R/O.TALADESKA VILLAGE, GORAKPUR PANCHAYAT, KASHIPUR RUPAK NAIK, S/O.TRILOCHAN NAIK, AGE 20 YEARS, KASHIPUR ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Munchingput ...RESPONDENT/COMPLAINANT 2 ORDER: This Criminal Petition, under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A.1 & A.2, seeking regular bail, in Crime No.41 of 2024 of Munchingiput Police Station, Alluri Sitharama Raju District. 2. A case has been registered against the petitioners and another for the offence punishable under Sections 20(b)(ii)(C), 25 r/w 8(c) of NDPS Act. 3. Case of the prosecution, in brief, is that, on 26.10.2024 at 4.00 p.m., on receipt of credible information regarding illegal possession and transportation of ganja, the A.S.I. of Police, Gajapathinagaram Police Station, along with staff and mediators rushed to Labburu Village junction, Jolaput Panchayat and while conducting vehicle checks, they found one person coming on a Pulsar bike bearing Reg. No.OD18K 0139 from Barada Village of Orissa State as a pallet escort and one Auto bearing Reg.No.OD30F 1039 was following the Pulsar bike. On seeing the police, the auto driver tried to make a U-turn to escape, but the police caught them. On interrogation, A.1 to A.3 disclosed their identity particulars and police found 100 Kgs. of ganja in their possession. Then, police apprehended them and seized the ganja and after observing all the formalities, the accused were remanded to judicial custody on the same day. 3 4. Heard learned counsel for the petitioners/A.1 & A.2 and the learned Assistant Public Prosecutor representing the respondent/State. Perused the record. 5. Learned Assistant Public Prosecutor opposed to grant bail, contending that the contraband involved is a huge quantity i.e. 100 Kgs. and investigation is not yet completed, and prays to dismiss the criminal petition. 6. Learned counsel for the petitioners submits that the crime came to be registered on 26.09.2024 and since then the petitioners/A.1 & A.2 are languishing in jail, and prays to allow the petition. 7. After careful observation of the material on record and submissions made on behalf of both sides, even though the petitioners were arrested on 26.10.2024 but the contraband seized was commercial quantity and as per the bar contained in Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioners at this stage. 8. In the result, the Criminal Petition is dismissed. ____________________________ JUSTICE T MALLIKARJUNA RAO Dated: 28.03.2025 anr 4 104 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.2700 of 2025 Dated: 28.03.2025 anr