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2025 DAILYLAW 12743 (AP)

GOLLORI KAMESWARA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/3248/2025 · 2025-04-02

T Mallikarjuna Rao

body2025

Judgment text

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APHC010151842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3248/2025 Between: Gollori Kameswara Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO 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 petitioners/A1, A2, A5 and A6, seeking bail, in Crime No.3/2025 of Annavaram police station, ASR District. 2. A case has been registered against the petitioners 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 petitioners and the learned Assistant Public Prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, is that, on 19.02.2025 at 3.00 pm, on receipt of credible information, regarding illegal possession and transportation of ganja, the S.I of Police, along with staff and mediators rushed to Ramaraopalem village junction and conducted vehicle checking. 2 Police noticed four persons with gunny bag in suspicious circumstances. On seeing the police, they tried to escape. Then police apprehended them and on enquiry, they disclosed their identity particulars as A1, A2, A5 and A6 and police found 23 kgs of ganja in their possession. Police arrested and remanded them to judicial custody and seized the contraband. 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 contends that the petitioners have been in judicial custody since 19.02.2025 and they have permanent abode and prays to allow the petition. 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioners were in judicial custody from 19.02.2025. The seized contraband is 23 kgs of ganja which is a commercial quantity and the statutory period was not completed. In view of bar contained under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioners at this stage. 9. In the result, the Criminal Petition is dismissed. ____________________________ JUSTICE T MALLIKARJUNA RAO Dated: 02.4.2025 RD 3 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.3248 of 2025 Dated: 02.4.2025 RD