IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl ~r MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 3753 OF 2025 Between : 1. Sorakayala Samuel @ Shyam, S/o. Late Subrahmanyam, aged about 22 years, R/o. Sattenapalli Village and MandaI, Palnadu District, A.P., Presently residing at Suryapeta, Hyderabad, Telangana State. 2. Karre Karunakar, S/o. Mallesh, aged about 19 years, R/o. D.No.3-69, Obulkeshavapur, Jangaon, WarangaI, Telangana State. Petitioners/Accused No.1, 2 AND The State of An'dhra Rpadesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C/480 & 483 of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the CriminaIPetition, the High Court may be pleased to enlarge the Petitl-oners/Accused No.1, 2 on bail pending disposal of Crime No. 78/2025 of Kancharapalem P.S., Visakhapatnam District 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 Sri. GOLLAPALLI MAHESWARA RAO Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: - J APHCO10174572025 lN THE HIG-H couRT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE H-ONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3753/20-25 Between : sorakayala samuel @ shyam and others ' u.PETITIONER/ACCUSED(S) AND The State Of Andhra Rpadesh I..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 and 483 of B.N.S.S. has been filed by the 'peti{ioners/Al and A2 seeking, regular bail in Cr.No.78/2025 of Kancharapalem Police Station, Visakhapatnam CommiSsionerate. 2. The above said crime was registered against the petitioners for the offence punishable u/see.20(b)(ii)(B) I/w 8(c) of the Narcotic Drugs and psychotropic substances Act, 1985 (for short [the NDPS Act'). 3. The case of the prosecution is as follows: On 05.3.2025 at 12.00 hours, on receipt of credible information about illegal possession and {ranspor{ation of ganja, the Woman Sub Inspector of police, along w'lth her. staff and mediators conducted +i- r\c- \r- EE checking under the R-ailway Bridge, RP Petal Kancharapalem, Visakhapatnam and they found two male persons and on seeing police, they tried to escape from that place. Then police apprehended them and on enquiry they disclosed their identity particulars as that of Al and A2 and police found 2.1 kgs of ganja in their possession. Then police arrested .the accused,. seized the contraband and sent the accused -to Court for judicial remand. 4. 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 2.1 kgs of ganja, which is a non-commercial quantity and the petitioners are languishing in jail from 05.3.2025 and Prays tO allow the Criminal Petition. 5. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail to the petitioners but fairly conceded that the contraband seized is below commer-cial quantity. He further submitted that the petitioners have no previous antecedents. 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of accused is only 2.1 kgs which is not commercial quantity. The petitioners are in judicial custody from 05.3.2025 and they are permanent residents of sattenapalli and Jangaon respectively. As the contraband seized is not of commercial quantity, no c# _I- ~-.., `¥J,, 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 a.nd there is no possibility of their fleeing away from justice, as such, this court is inclined to grant bail to the petitioners. ll. In the result, the criminal petition is allowed with the following conditions: i, The petitioners/Al and A2 herein shall be released on bail on their executing a personal bond for Rs.10,000/-(Rupees ten thousand only) each with two (02) sureties for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam; ii) After release, the petitioners shall attend before the` station House Officer concerned once in a fortnight between 10.00 am to 01.OO pm for a period of three (03) months; and iii) that the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses and petitioners shall cooperate With the investigation. ` -=. ~`=---.``_ -_ ASSIS-RAN+ `+A.,,-r~ --`.,I Sp±±-_SRI DEVL -|| [`.__ //TRUE COPY// SEcTlo ::.,I STRAR . OFFlcER To , Jr, 1. The I Additional District & Sessions Judge-Gum-Special Judge for Trial of offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District. .3. The Station House Officer, Kancharapalem Police Station, visakhapatnam District. 4. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy JSS t. us-. FEiffiEREREEEEREEEREffl] L 1 ELP\ \\ife: HIGH COURT TMR, J DATED :21 /04/2025 BAIL ORDER CRLP.No.3753 of 2025 ALLOWED