1 APHC010201312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4266/2025 Between: Prakash Jothipas, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. N V MOHANA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: The Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioners/A2 and A3 to grant regular bail in connection with Crime No.27/2024 of Donkarai Police Station, ASR District. 2. A case has been registered against the petitioners herein and others for the offences punishable u/Sec.20(b)(ii)(C) r/w 8(c) of NDPS Act. 2 3. The case of the prosecution in nut shell is as follows: On 20.12.2024 at about 4.30 pm, on receipt of credible information about illegal possession and transportation of ganja, the Sub-Inspector of Police, along with staff and mediators conducted vehicle checking at Police check post, Sileru, Mothugudem Road. They found one Hyundai Grand i10 car bearing registration no.KA 02 MP 6159 and on seeing police, the inmates in the car stopped he car and tried to escape by stopping the car. Then police apprehended two persons while the others escaped. On enquiry, they disclosed their identity particulars as that of A2 and A3 and police found 40 kgs of ganja in their possession. They were arrested, seized the contraband and vehicles and produced them before the Court for judicial remand. They confessed the involvement of other accused in the commission of the offence. 4. Heard Sri N.V.Mohana Rao, learned counsel for the petitioners and Sri Neelothpal Ganji, learned Assistant Public Prosecutor for the respondent. 5. Learned counsel for the petitioners would submit that this is the second bail application and the previous bail application was dismissed by this Court on 24.3.2025 vide orders in Crl.P.No.2830 of 2025 and the petitioners have been in judicial custody from 20.12.2024 and most of the investigation completed and prays to allow the criminal petition. 3 6. Contra to the same, learned Assistant Public Prosecutor vehemently opposed the petition stating that inventory is pending in this matter and the seized contraband is huge quantity and prays to dismiss the criminal petition. 7. Considering the submissions made and on perusal of the material on record shows that, the petitioners were arrested and remanded to judicial custody on 20.12.2024 and the contraband involved is 40 kgs which is commercial quantity and in view of the bar contained under Section 37 of the NDPS Act the earlier bail application was dismissed. Learned Assistant Public Prosecutor has submitted that there are no changed circumstances from the date of dismissal of earlier bail application and as the investigation is pending, this Court is not inclined to grant bail to the petitioners at this stage. 8. In the result, the criminal petition is dismissed. Consequently, miscellaneous applications pending, if any, shall stand closed. _____________________________________ DR. VENKATA JYOTHIRMAI PRATAPA,J 01.5.2025 RD 4 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.4266 of 2025 DATE: 01.5.2025 RD