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2025 DAILYLAW 14407 (AP)

BHIMAVARAPU SIVA SAI MANIKANTA alias SAI v. THE STATE OF ANDHRA PRADESH

CRLP/3796/2025 · 2025-04-16

T Mallikarjuna Rao

body2025

Judgment text

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APHC010177962025 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: 3796/2025 Between: Bhimavarapu Siva Sai Manikanta Alias Sai ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KUMAR ETUKURI 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/A5, seeking regular bail, in Crime No.116 of 2025 of Mangalagiri Rural Police Station, Guntur District. 2. A case has been registered against the petitioner/A5 herein and others for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 2 3. The brief facts of the case are that on receipt of credible information about illegal possession of ganja on 16.03.2025 at 1.30 p.m., the complainant along with his staff rushed to bushes near Namburu Canal, Ramakrishna Venuzula, Kaza Village conducted raid and caught A1 to A9 and also seized 1900 grams of ganja worth Rs.95,000/- from their possession and also seized Suzuki access scooty No.AP-39-KY-4243 of A1. A10 escaped from the scene. On enquiry, A1 revealed that on 26.02.2025 he went to icchapuram Hill Area, Orissa State and brought 2 kgs., of ganja from A11 and supplied ganja to A2 to A10 who make it as small packets and sell the same to innocent people for gain. The police seized 1900 grams of ganja along with Suzuki access scooty No.AP-39-KY-4243 from the possession of A1 under the cover of mediatornama, arrested and sent them for judicial remand. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that the petitioner is aged about 21 years and the petitioner has been in judicial custody since 17.03.2025 and the most of the investigation has been completed. The contraband said to be involved in this case is 1900 grams. When ascertained the learned Assistant Public Prosecutor confirmed that the petitioner 3 has no antecedents. As the contraband 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 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/A5 shall be released on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with one surety for a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class-cum-Civil Judge (Junior Division) Court, Mangalagiri. (ii) After release, the petitioner shall appear before the Station House Officer concerned, once in a fortnight for a period of three (03) 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.3796 of 2025 Dated:16.04.2025 S D P