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2025 DAILYLAW 14277 (AP)

Nandipati Sudhakar, v. The State of Andhra Pradesh,

CRLP/3744/2025 · 2025-04-16

T Mallikarjuna Rao

body2025

Judgment text

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APHC010175422025 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: 3744/2025 Between: Nandipati Sudhakar, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. K PRIDHVI RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A3, seeking regular bail, in Crime No.45 of 2022 of G.Madugula Police Station, ASR District. 2. A case has been registered against the petitioner/A3 herein and others for the offences punishable under Sections 2 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 3. The brief facts of the case are that this petitioner sold 10 kgs of ganja to other accused who were caught red handed while they were in possession of ganja. 4. Heard. Perused the record. 5. The learned counsel for the petitioner submits that the petitioner has been in judicial custody since 12.03.2025, the case was registered on 18.10.2022 and the investigation has been completed. The learned Assistant Public Prosecutor has opposed granting bail to the petitioner on the ground that the investigation was not completed. He further submits that, based on confessions of co-accused, the case was registered against the petitioner/A3 and no contraband was seized from him. The learned counsel for the petitioner further submits that the contraband said to be involved in this case is 10 kgs. The learned counsel for the petitioner further submits that the petitioner has a permanent abode at Kothagudem Mandal, Khammam District, and there is no possibility of his fleeing away from the Jurisdiction of the Court. As the contraband seized is 3 not of 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, as such, this Court is inclined to grant bail to the petitioner. (i) The petitioner/A3 shall be released on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with one surety for a like sum to the satisfaction of the learned Metropolitan Sessions Judge-cum-I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. (ii) After release, the petitioner shall appear before the Station House Officer concerned, once in a fortnight for a period of two (02) months. (iii) That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation. 6. Accordingly, the Criminal Petition is allowed. _____________________ T. MALLIKARJUNA RAO , J Date.16.04.2025. S D P 4 HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Petition No.3744 of 2025 Dated:16.04.2025 S D P