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: 4118/2025 Between: Thonda Pothu Raju, S/o. Sattiraju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: B. SUDHAKAR 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.88 of 2025 of III Town Law and Order Police Station, Rajamahendravaram, registered against the petitioner/Accused No.5 herein for the offence punishable under Section 8(c) read with 2 Dr. YLR, J Crl.P.No.4118 of 2025 Dated 01.05.2025 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 25.02.2025 at about 10.00 a.m., the Investigating Officer found the petitioner and other accused in possession of 20.350 Kgs of Ganja in one bag. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri. B. Sudhakar Kumar, the learned counsel for the petitioner, submitted that the petitioner has not committed any offence; he was falsely implicated in this case; 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 not completed, the petitioner is involved in 22 cases, but any of those cases are not registered under the provisions of ‘the NDPS Act’, and urged to dismiss the bail application. 6. On perusal of the record, the petitioner and four accused were at Simhachala Nagar of Rajamahendravaram, they left in one bag with 20.350 Kgs of Ganja. The petitioner has been in the judicial custody for 3 Dr. YLR, J Crl.P.No.4118 of 2025 Dated 01.05.2025 the past 64 days. Even though 22 cases are registered against the petitioner in the different enactments, but no case was registered under ‘the NDPS Act’, thus he is not a habitual offender indulged in commission of similar offences. The petitioner is an Auto driver. 7. In view of the nature of the allegation levelled against the petitioner, the period of the 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 V Additional Judicial First Class Magistrate, Rajamahendravaram. ii. The petitioner shall appear before the Station House Officer, III Town L&O Police Station, Rajamahendravaram, on every Saturday in between 10:00 am and 05:00 pm., till the cognizance is taken. 4 Dr. YLR, J Crl.P.No.4118 of 2025 Dated 01.05.2025 iii. The petitioner shall not commit or indulge in similar offences in future. iv. The petitioner shall not leave the limits of the District without prior permission from the learned V Additional Judicial First Class Magistrate, Rajamahendravaram. 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.4118 of 2025 Dated 01.05.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.4118 of 2025 Date:01.05.2025 RSI