~r IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIAR TUESDAY ,THE TWENTY FIFTH DAY OF MA TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NOS: 2851 AND 2854 OF 2025 QEunNAL PETITION NO: 2851 OF 2Q2± Between.- AND [3369] Kunchala ChiranJ-eeVi, S/o.Krishna Reddy, Age 30 years, D.No.10-177, Near Ramalayam Temple, Maruproluvaripalem village, Bapatla, Guntur District Aadhar No.627587104626 PetI-tiOnerS/AI2 The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. Respondent/Complal-nant Petition under section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the affidavit filed in support of the criminal Petition, the High Court may be pleased to release the petitioner/Accused-2 on bail in Cr.No.04 2025 under section8© R/w 20(b)(ii)(c) of NDPS Act 1985 on the fl'le of the Kotananduru police station, Kakinada District (formally Known as East Godavari District) . ++ +i + // L* CRIMINAL PETITION NO: 2854 OF 2025: Between : Maraprolu Nagendra Reddy, S/o.Siva Reddy, Age 27 years, Near Ramalayam Temple, Maruproluvaripalem village, Bapatla, Guntur District: Aadhar No.276081651188 Petitioners/A-1 The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. Respondent/Complainant AND Petition under Section 480 & 483 Qf BNSS, 2023 is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused-2 on bail in Cr.No.04 /2025 under sections8© R/w 20(b)(ii)(c) of NDPS Act 1985 on the file of the Kotananduru Police Station, Kakinada District (formally Known as East Godavari District) . The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri KAKUMANU JOJI AMRUTHA RAJU Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. Lliii- APHCO10133662025 EEtry I, 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: 2851/2025 Betwee n : Kunchala Chiranjeevi ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondentlcomplainant: 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 2854/2025 Betwee n : Maraprolu Nagendra Reddy ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondentlcomplainant: 1.PUBLIC PROSECUTOR The Court made the following: COMMION ORDER:- I-fr3f=3=``->^ 2 These,l'CriminalJ'petition Nos.2851 of 2025 and 2854 of 2025, Hnde;r Sections 480 and 483 of the BNSS, have been filed by the petitioners/A2 and Al respectively, seeking regular bail, in Crime No.4 of 2025 of Kotanandur Police Station, Kakinada District. 2. A case has been registered against the petitioners herein and others for the offences punishable under sections 8(c) I/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic substances Act, 1985 (for short {the NDPS ActJ). / 3. The brief facts of the case arethatthis is a case ofl-llegal transportation of ganja by violati-ng NDPS Act that occurred on 08.01.2025 at 7.00 p.m. at the place opposite to Kotananduru Police Station, where the sl of Police, Kotananduru Police Station along with his staff, mediators and Gazetted Officer conducted raid in which they caught hold of Al and A2 while they were trying transporting 24.320 kgs of ganja packed in one plastic bag from Narsipatnam to Bapatla on Maruthi Swift Dzire car bearing No.AP-40-CZ-4879, the Sl of Police apprehended Al and A2 and seized the said ganja. consequently the above said crime is registered against the accused. 4. Heard. Perused the record. ``- Q`r+ 3 5. The learned codnsel for the petitioners Submit that the investigating officer has not followed the procedure contemplated under Section 52-A of the NDPS Act. However, the learned Assistant Public Prosecutor disputed this and submitted that an inventory was conducted as per the provisions of Section 52-A of the NDPS Act on 23.01.2025 in the presence of a Magistrate. Another ground raised by the learned counsel for the petitioners is that the contraband allegedly seized from the possession of the petitioners weighs 24.320 kgs. The definition of ganja only includes the flowering or fruiting tops of the cannabis plant and excludes the seeds and leaves when not accompanied by the tops. In support of this contention, the learned counsel for the petitioners referred to a decision reported in Criminal Application (BA) No.602 of 2024, wherein it was observed that the contraband seized in that case weighed 50 kgs. The Court considered this fact, whereas, in the Present case, the contraband allegedly seized weighs 24.320 kgs. ln the said decision, the court also stated in paragraph No.7 that ''a perusal of the material on record shows that what was seized was the plant, i.e., leaves, seeds, stems, and stalks, and without separating these paris, the ganja was weighed. As the seized material was not weighed after separating the leaves and Other paris, and moreover, it was not accompanied by the flowering or cesFZSS3szS95f3g 4 fruiting tops, it is difficult to ascertain whether the quantity can be considered commercial." 6. In the same decision, paragraph No.9 also observes, '',-f,'s sign®IfiCant tO note that the definition of 'ganja' under the NDPS Act includes only the flowering or fruiting tops of the cannabis plant and excludes the seeds and leaves when not accompanied by the tops. Thus, the definition of 'ganja' is restricted and does not include the seeds and leaves of the cannabis plant. The PanChanama and seizure do not reflect the presence of flower-lng or fruiting tops of the plant." 7. ln the mediators report, l'tis stated on openl'ng of bag, they noticed dry leaves, flowers, seeds, stems, and stalks weighing about 24.320 kgs. In the light of the observations made in the said decision, it Its doubtful as to whether commercial quantI-ty Of ganja has been seized and the fact that the petI-tiOnerS have nO criminal antecedents and the learned Assistant public Prosecutor affirmed the same. upon confirmation from the learned Assistant public prosecutor that, except for the awaiting report from the RFSL, most of the investigation has been completed. Considering the fact that petitI'OnerS have been in judicial custody from o8.01.2025, most of the I'nVeStigation might have completed and most of the witnesses are official `-`=-,- *- witnesses, and given that the release of the petitioners/A2 and Al would not hamper the investigation, this court is incll'ned to grant bail to the petitioners/A2 and Al on the following conditions: (i) The petitioners herein/A2 and Al shall be released on executing personal bond for Rs.50,000/- (Rupees fifty thousand only) each with two sureties for a like sum each to the satisfaction of the learned special SessI'OnS Judge for Trial of the Cases under the NDPS Act-cum-I-Additional Sessions Judge, East Godavari District, Rajamahendravaram. (ii) After release, the petitioners shall appear before the Station House Officer concerned, once in a fortnight for a period of three (03) months. (iii) That the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses and they shall cooperate with the investigation. 8. Accordingly, the criminal Petl'tion is allowed. A! SD/- lvI.S ASSISTANT SECTION OFFICER ForASoI-.^l`. l`Il__._..`ru` //TRUE COPY// I To, I, 1. The Special Sessions Judge for trial of the Cases under The Narcotic Drugs And Psychotropic Substances Act, 1985-cum-I Additional Sessions Judge, East Godavari District, Rajamahendravaram. 2. The Superintendent, Central Prison, Rajamahendravaram. 3. The Station House Officer, Kotananduru Police Station, Kakinada District (formally Known as East Godavari District) . 4. One CC to SRl. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC] 5. Two cos to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. 6. One spare copy i +,,,- .- / HIGH COURT TMR,J DATED : 25/03/2025 BAIL ORDER CRLP.Mos.2851 AND 2854 of 2025 ALLOWED .=. ±RE=* ` jS