LAKHAN KUMAR VAISHNAV v. THE STATE OF ANDHRA PRADESH
CRLP/3576/2025 · 2025-04-16
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13658 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13658 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010166442025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3576/2025 Between: Lakhan Kumar Vaishnav 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 to A3, seeking bail, in Crime No.226/2024 of Butchiyyapeta Police Station, Anakapalle.
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 22.11.2024 at 5.00 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 main road, near sugar weighing machine point, Butchiyyapeta
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village and conducted vehicle checking. Police noticed a car bearing registration no.RJ 14 CT 3439 coming from Vaddadi and on seeing police, the inmates in the car stopped the same and tried to escape. Then police apprehended them. On enquiry, they disclosed their identity particulars as A1 to A3 and police found 100 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 petitioners contend that the petitioners have been in judicial custody since 22.11.2024 and they have permanent abode and prays to allow the petition.
8. The record shows that the petitioners have been in judicial custody from 22.11.2024. The seized contraband is 100 kgs of ganja which is huge quantity. 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: 16.4.2025 RD
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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
CRIMINAL PETITION No.3576 of 2025
Dated: 16.4.2025 RD