APHC010131952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2830/2025 Between: Prakash Jothipas and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. N V MOHANA 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/A2 and A3, seeking bail, in Crime No.27/2024 of Donkarai Police Station, Alluri Sitharamaraju District. 2. A case has been registered against the petitioners and others for the offence punishable u/Sec.20(b)(ii)(C) r/w 8(c) of NDPS Act. 3. Heard learned counsel for the petitioners/A2 and A3 and the learned Assistant Public Prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, is that, on 20.12.2024 at about 4.30 pm, on receipt of credible information regarding illegal possession and transportation of ganja, the S.I of Police, Donkarai Police Station, along with staff and mediators rushed to Sileru Mothugudem road and conducted 2 vehicle checking. Police found one Hyundai i10 car bearing registration no.KA 02 MP 6159 from Allurikota village, Odisha State towards Tamilnadu State. On seeing police, the inmates in the car, stopped the car and tried to escape. Then police apprehended two persons while the other two persons escaped and on enquiry, they disclosed their identity particulars as that of A2 and A3. Police found 40 kgs of ganja in their possession. Police arrested the accused, seized the contraband and car under the cover of mediators report. 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 the petitioners are in judicial custody from 20.12.2024 and the contraband seized is only 40 kgs and prays to allow the criminal petition. 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 20.12.2024 and 40 kgs of ganja was seized. In view of the involvement of 40 kgs of ganja which is a commercial quantity and as submitted by the learned Assistant Public Prosecutor that investigation is not yet completed and in view of bar under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioners at this stage. 3 9. In the result, the Criminal Petition is dismissed. ____________________________ JUSTICE T MALLIKARJUNA RAO Dated: 24.3.2025 RD 4 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.2830 of 2025 Dated: 24.3.2025 RD