Extracted from the PDF above. The PDF is authoritative.
lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3260 OF 2025 Betwee n : Ballanki Jagadeesh, s/o Srinivasa Rao, Age 24 yrs, R/o D. No. 21-58, opp. MPP School, Ganesh nagar, Madhurawada, V-lsakhapatnam. Petitioner/Sole Accused AND The State Of Andhra Pradesh, Through Station House Officer, P.M. palem police stat'lon, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. Respondent/Complainant petition under section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the criminaIPetition, the High Court may be pleased to release the petitioner On Ba'll in connection with Crime No.105 of 2025 on the file of the P.M. Palem Police Station The petition coming on for hearing, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of Ms. BANDI PRAVEENA Advocate for the Petitioner and of Public Prosecutor for the Respondent; The Court made the following:
APHCO10152772025 lN 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: 3260/2025 Between : Ballanki Jagadeesh ...PE"TIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. BANDI PRAVEENA Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following:
ORDER: This Criminal Petition u/Sec.480 and 483 of B.N.S.S. has been filed by the petitioner/accused seeking regular bail in Cr.No.1O5/2025 of P.M.Palem, Visakhapatnam Commissionerate. 2. The above said crime was registered against the petitioner for the offence punishable u/See.20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act'). 3. The case of the prosecution is as follows: On 10.02.2025 at 12.30 pm, on receipt of credible information about illegal possession and transportation of ganja, the s.I of police, .`=_1-- ==L I-. along with his staff and mediators conducted vehicle checking at HP godown, Sivasakthi nagar, Madhurawada and found the accused in suspicious circumstances. On enquiry, he disclosed his identity particulars as that of accused and police found 1.500 kgs of ganja in his possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. 4. Learned counsel for the petitioner contended that even according to the case of the prosecution, the petitioner was arrested when he was found in possession of 1.500 kgs of ganja and the petitioner has been languishing in jail from 10.02.2025 and prays to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor confirms non-fill'ng 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 five antecedents have been reported against the petitioner. 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioner submitted that the contraband alleged to be seized from the possession of accused is only 1.500 kgs which is little more than small quantity. The petitioner was in judicial custody from 10.02.2025 and he has permanent 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 is inclined to grant bail to the petitioner. 9. ln the result, the Criminal Petition iS allowed With the following conditions'.
i. The petitioner/accused herein Shall be released On bail On his executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with two (o2) sureties for a like Sum each tO the Sat'lSfaCtiOn Of the learned I Additional District and Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act cases, Visakhapatnam; ii) After release, the JPetitiOner Shall attend before the Station House officer concerned once in a fortnight between 10.00 am to 01.00 pm for a period of three (03) months; and iii) that the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. SD/-G.HELANAIDU //TRUE COPY// ASSISTANT RE SECTION STRAR i= To,
1. The Metropolitan Sessions Judge -Gum -I Add'ltional District & sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, P.M. Palem Police Station, Guntur District. 4. One CC to Ms. BANDI PRAVEENA, Advocate [OPUC]
5. Two CCs to the PUBLIC PROSECUTOR, H'lgh Court of Andhra Pradesh [OUT]
6. One spare copy JSS
I.
HIGH COURT TMR, J DATED : 02/04/2025 BAIL ORDER CRLP.No.3260 of 2025 ALLOWED i,I di I I;i-::£ rEREB==LEErEE~ RE]EEE o4 ELPR \\TB \\\`'Q\``fty*ketryeeg"&eeasS :*.I/