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2025 DAILYLAW 12045 (AP)

YENDRAPALLI MAHESH BABU @ MAHESH v. THE STATE OF ANDHRA PRADESH

CRLP/3000/2025 · 2025-03-27

T Mallikarjuna Rao

body2025

Judgment text

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APHC010141242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3000/2025 Between: Yendrapalli Mahesh Babu @ Mahesh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAMINENI SUDHEER 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 petitioner/A3, seeking bail, in Crime No.51/2024 of G.Madugula Police Station, ASR District. 2. A case has been registered against the petitioner and others for the offence punishable u/Sec.20(b)(ii)(C), 25 r/w 8(c) of NDPS Act. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, is that, on 15.11.2024 at about 09.00 am, on receipt of credible information regarding illegal possession and transportation of ganja, the S.I of Police, along with staff and mediators rushed to Nurmathi Village junction and conducted vehicle checking. They observed that one jeep bearing registration no.AP 39 GK 4609 was coming. 2 On seeing police, the inmates in the jeep tried to ran away. Then police apprehended two persons while the other ran away. On enquiry, they disclosed their identity particulars as that of A1 and A3 and police found 200 kgs of ganja in their possession in the jeep. They confessed that they collected the ganja from A2 and hence the name of A2 was included in the F.I.R. Police arrested A1 and A3 and remanded them to judicial custody. 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 police arrested A1 and A3 while they were in possession of 200 kgs of ganja and since then the petitioner has been in judicial custody and the same was not disputed by the learned Assistant Public Prosecutor. 8. After careful observation of the material on record and submissions made on behalf of both sides, even though the petitioner was arrested on 15.11.2024, but the contraband seized was commercial quantity i.e. 200 kgs and as per the bar contained under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage. 9. In the result, the Criminal Petition is dismissed. ____________________________ JUSTICE T MALLIKARJUNA RAO Dated: 27.3.2025 RD 3 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.3000 of 2025 Dated: 27.3.2025 RD