-l-- i= oi= t `` lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAll;- J} TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE z~// :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3058 OF 2025 Betwee n.- Rinki Mall-, D/o. Sahadev MaII', Aged 18 years, R/o.Chandiput village, Mohana, Gajapatl-dist., odisha. Mobile 8763097232 ...PetI-tiOner/A€ AND The State of Andhra pradesh, Rep. By its PubII'C Prosecutor, Hl'gh Court of A.P., Amaravati, Through station House Officer GRP Police Station .I.Respondent petition under sections 437 & 439 of Cr.P.C (Under Sections 480 & 483 of BNSS) praying that in the cI'rCumStanCeS Stated in the memorandum of grounds filed l'n support of the criminal petition, the High Court may be pleased to enlarge the petI-tjOner/ A.1 on Regular Bail in connection wI'th crime No. 83 / 2025 on the file of GRP Police Station, Visakhapatnam DistrI'Ct,] i dated.03.03.2025. i I The PetitI'On COml'ng on for hearI'ng, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearI®ng the .. arguments of SRI PUWALA SRINIVASA RAO, Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent; APHCO10142302025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3058/2025 Between : Rink'l Mali, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PUVVALA SRINIVASA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition u/See.480 and 483 of B.N.S.S. has been filed by the petitioner/Al seeking regular bail in Cr.No.83/2025 of Visakhapatnam GRP Vijayawada. 2. The above said crime was registered against the Petitioner and another for the offence punishable u/Sec.20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NbPS Act'). 3. The caseofthe prosecution isaSfOllOWS: <€ ,-JQ! {, E on o3.3.2025 in be-{ween 12.30 pm to 2.30 pm, on receipt of credible information about illegal possession and transportation Of ganja, the s.I of police, GRP Visakhapatnam along with h-ls staff and mediators conducted checking and found Al in suspicious circumstances. On enquiry, he disclosed his identity particulars as that of Al and police found 12 kgs of ganja in his possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. He confessed the involvement of A2 in commission of the offence. 4. Learned counsel for the petitioner contended that even according to the case of the prosecution, the pet'ltioner was arrested when he was found in possession of 12 kgs of ganja and the petitioner has been languishing in jail from 03.3.2025 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. He further submitted that the petitioner have nO prev'lous antecedents. 6. Heard both sides. 7. Perused the entire mater'lal on record. 8. Learned counsel for the petitioner submitted that the contraband alleged to be seized from the possession of accused is only 12 kgs which is not commercial quantity. The pet'ltioner was in judicial Custody from EEEEEE E± iiEE o3.3.2025 and he has Perm-'anent abode. As the contraband Seized iS not 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 petitioner has permanent abode and there is no possibility of his fleeing away from justice, as such, this court 'ls inclined to grant bail to the petitioner. ll. ln the result, the Criminal Petition iS allowed With the fOllOW'lng conditions: i. The petit-loner/Al herein Shall be released On bail On his executing a personal bond for Rs.20,000/-(Rupees twenty thousand Only) with two (o2) sureties for a like Sum each tO the SatiSfaCt|lOn Of the learned vl Additional Judicial Magistrate Of First Class for Railways, Visakhapatnam; ii) After release, the Petitioner Sha" attend before the Station House officer concerned once 'ln a fortnight i.e. on every 2nd and 4th Sunday between 10.00am to 01.00pm for a Period Of two (02) months; and i'li) that the petitioner 'ls directed not to hamper the investigation and tamper with the prosecut'I9n Witnesses. /ITRUE COP\ s dksp€IugTVis` g TH Abe_K_ft_R` RAG ASsJS#=:!s TRA¥xp sEcTloN oFFlcER To, ,, 1. The VI Additional Judicial Magistrate of lSt class Magistrate for Railways Gum vI Additional civI'l Judge Court, VIsakhapatnam, VI-SakhaPatnam Distrl'ct 2. The Superintendent, central prl'son, vl-sakhapatnam, visakhapatnam Dl'strict 3. The Station House officer, GRP Police Station, VIsakhapatnam, VI-Sakhapatnam DistrI'Ct 4. One CC to SRI. PUWALA SRINIVASA RAO Advocate [opuc] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra pradesh [OUT] 6. One spare copy PSR HIGH COURT TMR,J DATED..01 /04/2025 BAIL ORDER CRLP.No.3058 of 2025 ALLOWED /