L--- i lN THE HIGH COURT OF ANDHRA PRADESH AT AMA ~/ THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ,r,I;I_/ij :PRESENT: THE HONOURABLE SRI JUSTICE I MALLIKARJUN cRllVIINAL PETITION NO: 3566 OF 2025 '`'`;-i-I-`rd `-A- Between : 1. Kankipati Nagaraju @ Dorababu, S/o K John, Aged about 23 years, R/o Bhagath Singh Centre Kothapeta, Telikicherla Village, Nallajarla Mandal, East Godavari Dl'strict. 2, Musunuri Durga Prasad, S/o Srinu, Aged about 29 years, R/o Kobbarithota, 21 St ward, Tadepalll'gudem Town, West Godavari District. ...Petitioner/Accused AND The State of Andhra pradesh, Through S.H.O, Tadepalligudem Town Police Station, West Godavari District. ...Respondent/Complainant Petition under section 480 & 483 of BNSS (Old Section 437 and 439 of Cr.P.C.) is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to release the petitioners/Accused No.3 & 5, on bail in connectl'on with in Crime No.51 of 2025, on the file of the Tadepalligudem Town Police Station, West Godavari District. The petI'tiOn coming on for hearing, upon perusing the petl'tl'on and the memorandum of grounds filed in support thereof and upo'n hearl-ng the arguments of SRI T V JAGGI REDDY Advocate for the petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the court made the following ORDER.. E != :_. Ei-riEEEEBEEEEEEEEHflE -I APHCO10166612025 EHE] EF TT,i] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction) NO: [3369] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO NAL CRIMl RaetnYiepeaTi:Nagaraju @ Dorababu and ..|PETITIONER/ACCUSED(S) Oth ers AND The State Of Andhra Pradesh ...RESPONDENT/COMPLA[NANT counsel for the pet-ltioner/accused(S)I. 1.T V JAGGI REDDY counsel for the Respondent/COmPlainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition iS filed, under Sections 480 and 483 of B.N.S.S. by the Petitioners herein/A3 and A5, seeking regular bail, in crime No.51 of 2025 of Tadepa'ligudem Town Police Station, West Godavari District. 2. I The above Said Crime Was registered aga-InSt the Petitioners here'ln and others for the offence` punishable under sections 20(b)('li)(B) I/w 8(c) of the Narcotic Drugs and PsychotroPiC Substances Act,1985 (for short {the NDPS Act'). 3. Case of the Prosecution, in brief iS thatthe accused addicted tO bad v'lces and consuming ganja and they used to purchase ganja from one Kamma Aravind, Who belongs tO Tadepalligudem Town, and the Said Kamma Arav'lnd gave Rs.36,OJ'oo/-to Al and A2 and asked them to bring 12 Kgs of ganja from Visakha agency area. On the -Instructions Of the said Aravind, two days back, Al and A2 went to the Andhra Odissa border area and purchased six packets of ganja. They started from there by train, and when they reached Tadepalligudem Railway Station, Aravind ra|ng uP tO Al and told Al and A2 to take 1 Kg., of ganja each and give 2 Kgs of ganja each A3, A4 and A5, at the Railway Goods Shed Road and hand over the remaining 4 Kgs to him. As per the instructions of Aravind, Al and A2 went to Goods Shed Road, and While they Were about to give ganja to A3 to A5, they were Caught hold by the Police. The s.I. of police seized the ganja weighing about 13.268 Kgs under the cover of mediators report. 4. Learned counsel for the Petit'lOnerS COntended that even according to the case of the prosecution, the petitioners were arrested when they were found in possession of 13.268 kgs of ganja and the Petitioners are languishing in jail from 10.02.2025 and prays tO grant bail tO the petit'loners herein. 5. On the other hand, learned Assistant Publ'lc 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 quant'lty and no previous antecedents against the petit'loners. 6. Heard both s-ldeS. 7. Perusedthe entire material On record. tZ| J -I HEiii- iE - I-- -# _.st 8. Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of accused is only 13.268 kgs which is non-commercial quantity. The petitioners are in judicial Custody from 10.02.2025 and they had permanent abode. As the contraband seized is non-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 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. 9. ln the result, both the Criminal Petition iS allowed With the following conditions: i. The petitioners here'ln/A3 and A5 shall be released On bail On their executing a personal bond for Rs.20,000/-(Rupees twenty thousand only) each with two (o2) sureties for a like Sum each tO the Satisfaction Of the learned Add'ltional Judicial Magistrate of First Class, Tadepalligudem. ii) After release, the Petitioners Shall attend before the Station House Officer concerned once in a Week between 10.00am to 01.00pm for a period of two (02) months-, and iii) that the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses and shall cooperate for invest|lgation. A s sfisD#AMN'TS £ IEN!y_As __`- //TRUE COPY// -:'EScTREcA:SRRAR -&~# For ASSISTAN I . ` To , ,, 1. The S.H.O., Tadepalligudem Town Police Statl®on, west Godavari DI'StriCt. 2, The Additional JudicI'aI FI-rSt Class Magistrate, Tadepalligudem, west Godavari District. 3. The SuperI'ntendent, District prI'SOn, Eluru. 4. One CC to SRI. T V JAGGI REDDY, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy KN +++ \\ cB[ HIGH COURT TMR,J DATED: 10/04/2025 ORDER CRLP.No.3566 of 2025 ALLOWED ..I