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2025 DAILYLAW 11052 (AP)

PILLI SRINU v. THE STATE OF ANDHRA PRADESH

CRLP/2842/2025 · 2025-03-25

T Mallikarjuna Rao

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

cqE= I| lN THE HIGH COURT OF ANDHRA PRADESH, AT AMAR TUESDAY ,THE TWENTY FIFTH DAY OF MAR TWO THOUSAND AND TWENTY FIVE .-PRESENT.I • I THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO.- 2842 OF 2025 Between.I pillj srjnu, s/o Appanna, Aged 44 years, caste settibalija by caste R/o D.no.32-31 -22, Kobbarithota, city vl-sakhapatnam Dl'strict, Andhra Pradesh State. AND Petitioner/Accused-5 The State ofAndhra pradesh, Rep. by its public Prosecutor, HI'gh Court of Judicature of Andhra pradesh at Amaravati. Respondent/complaI-nant petI-lion under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) prayI'ng that in the circumstances stated I-n the affldavI't filed in support of the criminal petition, the High Court may be pleased to release the petitioners on ban in on cr. No 153/2023, ll Town , Police stall-On Vl-sakhapatnam couNSEL FOR THE PETITIONER : MS. KOPPISETTI PARVATI DEVI couNSEL FOR THE RESPONDENT .I PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHCO10126732025 + lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2842/2025 Between : Pilli Srinu ..-.PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. KOPPISETTI PARVATI DEVI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Crim'lnal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A5, seeking regular bail, in crime No.153 of 2023 of ll Town Police Station, Visakhapatnam Commissionerate. 2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 8(c) r/W 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act'). 5d a,fr,dr 2 3. The brief facts-'of the case are that on 14.07.2023 in between 15.00 hours to 17.00 hours, on receipt of credible information regarding illegal possession and transportation of ganja, Sl of Police, along with staff, rushed to Abandoned Railway Quarters, AIIipuram, Visakhapatnam City and found Al to A3 with one plastic bag and on seeing police, they tried to escape. Then police apprehended Al to A3 and on interrogation, they disclosed their identity particulars and police found 2 kgs of ganja in their possession. Then police seized the ganja. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that, even according to the prosecution's case, the investigating officer seized 2 kgs of ganja from the possession of Al to A3. The learned counsel further submits that, based on the confession of Al to A3, the crime was registered against the petitioner/A5. However, from the record, it does not appear that any contraband was seized from the possession of A5 based on the confession of Al to A3. lt is submitted that the petitioner has been in judicial custody since 21.02.2025. Except for the confession of Al to A3, no other independent material has been collected to show the involvement of A5 in the commission of the 3 r, offence. The contraband involved is stated to be 3.25 kgs of ganja, which does not constitute a commercial quantity. 6. Learned Assistant Public Prosecutor, while opposing the prayer of the petitioner on the ground that the petitioner has been involved in eight other cases under the NDPS Act. The learned counsel for the petitioner submits that the petitioner has a permanent abode at Kobbarithota City, Visakhapatnam District, and there is no possibility of his fleeing away from the Jurisdiction of the Court. 7. ln view of the facts and circumstances of the case, since the petitioner herein is arrayed as accused No.5 basing on the confessional statement of Al to A3 and the petitioner` has been in judicial remand since 21.02.2025, this Court is of the opinion that the release of the present petitioner would not hinder the investigation in anyway. Most of the witnesses are shown to be official witnesses and the release of the petI-tiOner/A5 would not cause hampering of investigation, this Court is inclined to grant bail to the petitioner herein/A5, on the following conditions: (i) The petitioner/A5 shall be released on executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with .J, 4 two sureties for a I`ike sum each to the satisfaction of the learned ll Additional Chief Judicial Magistrate, Visakhapatnam. (ii) After release, the petitioner shall appear before the Station House Officer concerned, once in a fortnight for a period of three (03) months. (iii) That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investiga`tion. 8. Accordingly, the Criminal Petition is aIIowedI sD/-G.HELANAIDU F( //TRUE COPY// Tol 1. The ll Additional Chief Judicial Magistrate, Visakhapatnam 2. The Superintendent, central Prison, Visakhapatnam 3. The Station House officer, ll Town , Police Station Visakhapatnam 4. One CC to MS. KOPPISETTI PARVATI DEVI Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy `\`-) (- HIGH COURT DATE D.. 25/03/2025 BAIL ORDER CRLP.No.2842 of 2025 ALLOWED #!.. 'T?.;: rty® '-`_jF