y' IN THE HIGH COURT'OF ANDHRA PRADESH AT AMARA' THURSDAY. THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: .m -■y o i C ;> i'- THE HONOURABLE SRr JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO: 3373 OF 2025 ^ Between: 1. Mansingha Ghosh, S/o.Parikshit Chandra Ghosh, R/o.Upar Mahinagar, Ajimganj, Jiaganj PS, Mushidabad, 2. Krishna Pal, aged abt 42 years West Bengal. S/o.Narayana Chandra Pal, aged abt 40 years R/o.Benipur, Gharshsma, Mushidabad, West Bengal. Petitloner/A1 to A2 AND The State of Andhra Pradesh, SHO, GRP P.S. Represented by its Public Prosecutor, High Court of Andhra Amaravati, Guntur District. Visakapatanam Pradesh at Respondent 437 & 439 of in the affidavit filed in Petition under Sections 480 & 483 of BNSS (Oid Sections Cr.P.C), praying that in the circumstances stated i support of the Criminai Petition, the High Court may be pieased to enlarge the Petitioners on Regular Bail in respect to the Crime No.96/2025 on the file of GRP Police Station, Visakapatanam. The petition coming on for hearing, upon perusing the Petition and the upon hearing the arguments of Sri grounds filed in support thereof and ANAND KUMAR KOCHIRI, Advocate PROSECUTOR for the Respondent and the Court for the Petitioners and of PUBLIC made the following; APHC010159082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3373/2025 Between: Mansingha Ghosh and Others] ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh] Counsel for the Petitioner/accused(S): 1.ANAND KUMAR KOCHIRI ...RESPONDENT/COMPLAINANT 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 petitioners/A1 and A2 seeking regular bail in Cr.No.96/2025 of Visakhapatnam, GRP Vijayawada. The above said crime was registered against the petitioners and others 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 ‘the NDPS Act’). 2. 3. The case of the prosecution is as follows; On 11.3.2025 at 1.00 pm, on receipt of credible information about illegal possession and transportation of ganja, the S.l of police, GRP 2 Visakhapatnam Railway "Station along with his staff and mediators conducted checking at platforms at Visakhapatnam Railway station and they found two persons in suspicious circumstances and on enquiry, the said two persons disclosed their identity particulars as that of A1 and A2 and police found 17.5 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. They confessed the involvement of A3 and A4 in commission of the offence. 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 17.5 kgs of ganja and the petitioners languishing in jail from 11.3.2025 and prays to allow the criminal petition. 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 petitioners have previous antecedents. Heard both sides. 4. are 5. no 6. 7. Perused the entire material on record. Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of accused is only 17.5 kgs which is not commercial quantity. The petitioners are in judicial custody from 11.3.2025 and they had permanent abode. As the contraband 8. 3 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 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 petitioners. In the result, the criminal petition is allowed with the following V are 11. conditions; i. The petitioners/AI and A2 herein shall be released on bail on their executing a personal bond for Rs.25,000/- (Rupees twenty five each to the thousand only) each with two (02) sureties for a like sum learned VI Judicial Magistrate of First Class for satisfaction of the Railways, Visakhapatnam; ii) After release, the petitioners 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 petitioners are and tamper with the prosecution witnesses. directed not to hamper the investigation ss For ASSISTAN i r\i— //TRUE COPY// To of First Class for Railways and VI Additional 1. The VI Judicial Magistrate Civil Judge, Visakhapatnam 2. The Superintendent, Jail, Visakhapatnam 3. The Station House Officer, GRP Police Station, Visakapatanam 4. One CC to SRI. ANAND KUMAR KOCHIRI Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy KJ T / HIGH COURT TMR,J DATED:10/04/2025 BAIL ORDER CRLP.No.3373 of 2025 ALLOWED