IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4093/2025 Between: Vadivelu. K @ Velu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.5 on bail in Cr.No.162 of 2024 of Tada Police Station, Tirupati, registered against the petitioner/Accused No.5 herein for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 Dr. YLR, J Crl.P.No.4093 of 2025 Dated 01.05.2025 2. The case of the prosecution is that on 07.11.2024 at about 09.00 hours, the petitioner and other accused were found in possession of 20.8 Kgs of Ganja in five luggage bags meant for transportation from one place to another place. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri. Bhooma Maharshi Reddy, the learned counsel for the petitioner, submitted that the petitioner has not committed any offence; he is innocent; he is the sole breadwinner of his family; he would abide by any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 5. Per contra, Mr. Sandeep, the learned Assistant Public Prosecutor, argued that the investigation is still pending stage, and urged to dismiss the bail application. 6. On perusal of the record, Accused Nos.1 to 4 revealed the role played by the Accused No.5 during their interrogation. The alleged contraband seized is not a commercial quantity, if it is considered that it was in possession of four accused. The petitioner has been in the judicial custody for the past 59 days. 3 Dr. YLR, J Crl.P.No.4093 of 2025 Dated 01.05.2025 7. In view of the nature of the allegation levelled against the petitioner, the period of detention undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail with stringent conditions. 8. In the result, the criminal petition is allowed with the following conditions: i. The petitioner shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Sullurpet. ii. The petitioner shall appear before the Station House Officer, Tada Police Station, Tirupati, on every Saturday in between 10:00 am and 05:00 pm, till the cognizance is taken. iii. The petitioner shall not leave the limits of the District without prior permission from the learned Additional Judicial Magistrate of First Class, Sullurpet. iv. The petitioner shall not commit or indulge in similar offences in future. 4 Dr. YLR, J Crl.P.No.4093 of 2025 Dated 01.05.2025 v. The petitioner shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. _________________________ DR. Y. LAKSHMANA RAO, J Date: 01.05.2025 RSI 5 Dr. YLR, J Crl.P.No.4093 of 2025 Dated 01.05.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.4093 of 2025 Date:01.05.2025 RSI