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2025 DAILYLAW 12338 (AP)

KHUSHANSHIB v. THE STATE OF ANDHRA PRADESH

CRLP/3100/2025 · 2025-03-28

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO Between.I CRIMINAL PETITION NO: 3100 OF 2025 Khushanshib, s/o.Muda, Aged 19 years, R/o.Tibbi Ra,-yan vl'"age, Bakarwa post yamuna Nagar Dl'strl'ct, Haryana state. ...PetitI-Oner/A. AND The state of Andhra pradesh, By Its publI'C Prosecutor, High court of A P AmaravatI, Through statlon House officer, VIZlnagaram Poll'ce statlon ..Responden petition under sectI'OnS 437 & 439 of Cr.P.C (Under sections 480 & 483 of BNSS) praylng that ln the clrcumstances stated ln the memorandum of rlrr`IlnA^ f:I_I :__ _.._ ...`,.,.`,lCIl]uulll ( grounds filed ln Support of the CrlmlnaI Petltlon, the Hlgh court may b pleased to enlarge the petltl6ners/ A.1 on Regular Ba" In COnnectlon w,'{ crlme No 180/2024 on the flle of vl'zlnagaram police statIOn, datet `19.12.2024. The petl't,'on coming on fior hearing, upon perusl'ng the petl'tl|on and the- memorandum of grounds flled ln support thereof and upon hearlng the£l arguments of SRI PUWALA SRINIVASA RAO, Advocate for the petl'tloner, and of PUBLIC PROSECUTOR, for the Respondent,I FgffffffJfflfflfffflgffgFgBffgffgEffff© I APHCO10145192025 E'E lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction)I [3369] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3100/2025 Between : Khushanshib ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. PUWALA SRINIVASA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A1, seeking regular bail, in crime No.180 of 2024 of Vizianagaram Police Station. 2. A case has been registered against the Petitioner/Al herein and others for the offences punishable under Sections c-i I 2 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and psychotropic Substances Act, 1985 (for short {the NDPS Act'). 3. The brief facts of the case are that on 19.12.2024 the RPHC 204 conducted checking on platform No.1 at Vizianagaram railway station with the assistance of his staff. During checking, when they are moving nearby the south end on platform No.1, on seeing the police, a male person tried to escape by runnl®ng towards South end by possessI'ng a bag. On that the RPHC 296 caught hold of him who is identified as accused I-n this Case. On questioning, the accused disclosed his id,entity in Hindi and since RPHC 296 is well versed with Hindi, he questioned the accused, on that the accused confessed that the bag possessed by him contain ganja and further confessed that he is transporting ganja under the deal with one Burhan Ahemmed of Uttar Pradesh. Later, the RPHC 296 checked the bag, found ganja, got weighted the same which came to 5 kgs in total, seized the ganja after lifti,ng samples under a cover of mediators report. Thereupon, the sl of Police registered the same as a case in Crime No.180 of 2024 and investigated into. 4. Heard. Perused the record. I------9 _---a .<`_3 3 5. Learned counsel for the petitioner Submits that the petitioner is aged about 19 years. The contraband said tO be involved in this case is 5 kgs. The petitioner is belongs tO Haryana. When ascertained the learned Assistant Public prosecutor confirmed that the petitioner has no antecedents. As the contraband seized is not of 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, as such, this Court is inclined to grant bail to the petitioner. (i) The petitioner/Al shall be released on executing a personal bond for Rs.10,000/-(Rupees ten thousand only) With one surety for a like sum each to the satisfaction of the learned vl Additional Judicial Magistrate of First Class for Railways-Gum- VI Add'ltional Civil Judge Court, Visakhapatnam. (ii) After release, the petitioner shall appear before the station House Officer concerned, once in a month for a Period Of three (03) months. cJZgr- I 4. (iii) That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation. 8. Accordingly, the Criminal Petition is allowed. _ / SD/-K.I DEPUTY //TRUE COPY// To, FI SECTION OFg,=rs,!CER ,a 1. The VI AdditI'Onal Judicial Magistrate of First class for Railways Gum VI Additional CivI'I Judge Court, Visakhapatnam, visakhapatnam District 2. The Superintendent, central prison, visakhapatnam, visakhapatnam District 3. The Station House Officer, Vizl'anagaram police station, vizianagaram DI-Strict 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 se-` -= .------`., . ~ ~-.dr i.i &+ €,lil,m±Hi 0 2 AIR 2ffi P__A:_T~*,¥asvgr HIGH COURT TMR,J DATED:28/03/2025 BAIL ORDER CRLP.No.3100 of 2025 ALLOWED