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High Court of Andhra Pradesh · body

2025 DAILYLAW 15432 (AP)

AMARANI LOKESH v. THE STATE OF ANDHRA PRADESH

CRLP/4161/2025 · 2025-05-01

Y Lakshmana Rao

body2025

Judgment text

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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: 4161/2025 Between: Amarani Lokesh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: G. MAHESWARA RAO 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.3 on bail in Cr.No.95 of 2025 of Visakhapatnam, GRP Vijayawada, registered against the petitioner/Accused No.3 herein for the offence punishable under Section 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 Dr. YLR, J Crl.P.No.4161 of 2025 Dated 01.05.2025 2. The case of the prosecution is that on 10.03.2025, the Sub- Inspector of Railway Police Station, Visakhapatnam, seized 17.00 Kgs of Ganja from the possession of Accused Nos.1 and 2, who revealed the role of the petitioner also. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri. Dasari Rama Koteswara Rao, learned counsel, representing Sri G. Maheswara Rao, 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 is just 19 years old; 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, and urged to dismiss the bail application. 6. On perusal of the record, the petitioner himself surrendered before the learned I Additional District and Sessions Judge-Cum- Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, on 12.03.2025. Based on the confession by the Accused Nos.1 and 2 and they spoke 3 Dr. YLR, J Crl.P.No.4161 of 2025 Dated 01.05.2025 about the involvement of Accused No.3, the petitioner was figured as accused in this case. The petitioner has been in the judicial custody for the past 50 days. In this case the Accused Nos.1 and 2 were already enlarged on bail on 16.04.2025. 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 I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioner shall appear before the Station House Officer, concerned on every Saturday in between 10:00 am and 05:00 pm., till the cognizance is taken. 4 Dr. YLR, J Crl.P.No.4161 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 I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 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.4161 of 2025 Dated 01.05.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.4161 of 2025 Date:01.05.2025 RSI