[3369] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT_1,.*#i[=£as THURSDAY ,THE TWENTY SEVENTH DAY OF MAR TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO J+{*l'-yf`^~J-ff~ CRIMINAL PETITION MOS: 2997 & 2998 OF 2025 QBLMINAL PETITION NO: 2997 OF 2025: Between : Jurioyi Chandra Sen, S/o. Sonador, aged about 29 Years, Mehba Village, Makavaram panchayathi, Munchingput Mandalam, AIluri Seetha Rama RaJ-u Distrl'ct Petitioner/Accused-1 AND The State of Andhra Pradesh, Rep. by its public prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. Respondent/complainant Petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) 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/ Al on bail in Cr.No. 14/2025 of the Butchiyyapeta police Station, Anakapalli District, under section 20(b) (ill) (B) r/w 8© of NDPS Act 1985 Jr, _c_RIMINAL PETITION NO: 2998 OF 20L25± Betwee n : GaIIeli Gopala Rao, S/o. Matcha Lingam late, aged about 22 Years,Dendray puttu village, Gomangi Panchayathi, Pedabayalu Mandal, AIIuri Seetha Rama Raju District Petitioner/Accused-2 AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. Respondent/Complainant petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the Circumstances Stated in the affidavit filed in support of the Criminal Petition, the High Court may be p'leased to release the petitioner/ A2 on bail in Cr.No. 14/2025 of the Butchiyyapeta Police station, Anakapalli District, under section 20(b) (ii) (B) I/w 8© of NDPS Act 1985 couNSEL FOR THE PETITIONER : SRl. KAKUMANU JOJI AMRUTHA RAJU couNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER < APHCO10141932025 + lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2997/2025 _____ _ Between : Jurioyi Chandra Sen ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR CRIMINAL PETITION NO: 2998/2025 Between -. Galleli Gopala Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused|. 1.KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: criminal pet'ltion no.2997 of 2025 and Criminal Petition No.2998 of 2025 u/Sec,480 and 483 of B.N.S.S. have been filed by the petitioner/Al and A2 respectively seeking regular bail in Cr.No.14/2025 of Butchiyyapeta Pol'ICe Station, Anakapalle District. 2. As both the criminal petitions are filed in the same crime and learned counsel appearing on both the cr'lminal petitions are one and the same, both the petit-Ions are being disposed of with a common order. 3. The above sa'ld crime''was registered against the Petitioners for the offence punishable u/sec.20(b)(ii)(B), 25 r/w 8(c) of the Narcotic Drugs and psychotropic substances Act,1985 (for short fthe NDPS Act'). 3. Thecaseofthe prosecution iSaSfOllOWS: on o1.02.2025 at 10.OO am, on receipt of credible information about illegal possession and transportation of ganja, the S.I of police, along with his staff and mediators rushed to SS Dhaba of Butchiyyapeta village and conducted vehicle checking. A motorcycle bearing registration no.AP 39 QA 4269 coming from Vaddadi towards Butchiyyapeta and on seeing the POliCe, the rider and Pillion rider of the motorcycle stopped the vehicle and tried to escape. Then police apprehended them and on enquiry, they disclosed their identity particulars as that of Al and A2 and police found 6 kgs of ganja in their possession. Then police arrested the accused, Seized the contraband, vehicle and sent the accused to Court for judicial remand. 4. Learned counsel for the petitioners contended that even according to the case of the prosecution, the petitioners were arrested when they were found in possession of 6 kgs of ganja and the Petitioners are languishing in jail from o1.02.2025 and prays to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor confirms non-filing of charge sheet by the POliCe and opposed for grant Of bail tO the petitioners. But fairly conceded that the contraband Seized iS below commercial quantity and no previous antecedents against the petitioners. I, 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of accused is only 6 kgs which is non-commercial quantity. The petitioners are in judicial custody from o1.02.2025 and they had permanent abode. As the contraband seized is non-commercial quantity, no reasons need to be recorded as contemplated under Section 37 of the NDPS Act. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation. As most of the investigation might have been completed and the petitioners had permanent abode and there is no possibility of their fleeing away from justice, as such, this Court is inclined to grant bail to the petit'loners. ll. ln the result, both the criminal Petitions are a[]OWed With the following conditions: i. The petitioner/Al in CrI.P.No.2997 of 2025 and the petitioner/A2 in crl.p.No.2998 of 2025 herein shall be released on bail on their executing a personal bond for Rs.1O,000/-(Rupees ten thousand only) each with two (o2) sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge-Gum-Special Sessions Judge for trial of cases under NDPS Act, Visakhapatnam; ii) After release, the petitioners shall attend before the Station House Officer concerned once in a fortnight i,e. On every 2nd and 4th sunday between 10.00am to 01.00pm for a period of two (02) months; and es3ZFZG2 iii) that the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses and shall cooperate for investigation. SD/-M.SRl ASSISTANT lVAS RE TRAR /ITRUE COPY// SECTION OFFICER Fort To, 1. The I Additional Distr-lot & Sessions Judge-Spec-lal Judge for Tr-lal of Offences under NDPS Act, Visakhapatnam 2. The superintendent, Central Prison, Visakhapatnam 3. The Station House officer, ButchiyyaPeta Police Station, Anakapalli District 4. One CC to SRl. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court of A.P[OUT] 6. One spare COPY ``- '_ •kyds,, I+ |l HIGH COURT TMR,J DATE D.. 27/03/2025 BAIL ORDER CRIMINAL PETITION NOS.- 2997 & 2998 OF 2025 ALLOWED #rTRE=- '-¥ L|RE, £i \1# l\\EL\ 1\\L.\ ` *~ ` -_ ty. i ti.,. .\-t'