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2025 DAILYLAW 15847 (AP)

Lingu Khila, v. The State of Andhra Pradesh,

CRLP/4286/2025 · 2025-05-01

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010203132025 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: 4286/2025 Between: Lingu Khila, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. K K KOMALAN 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 petitioner/A1 to grant regular bail in connection with Crime No.21/2024 of G.K.Veedhi, ASR District. 2. A case has been registered against the petitioner 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 03.7.2024 at 6.00 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 Samastha colony, G.K.Veedhi. They found A2 to A5 in suspicious circumstances and on enquiry, they disclosed their identity particulars and police found 759.250 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 and on their confession, the petitioner was arrested on 31.10.2024. 4. Heard Sri K.K.Komalan, learned counsel for the petitioners and Sri Neelothpal Ganji, learned Assistant Public Prosecutor for the respondent. 5. Learned counsel for the petitioner would submit that the petitioner has been in judicial custody from 31.10.2024 and most of the investigation completed and prays to allow the criminal petition. 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 petitioner was arrested and remanded to 3 judicial custody on 31.10.2024 and the contraband involved is 759.250 kgs which is commercial quantity and in view of the bar contained under Section 37 of the NDPS Act, 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.4286 of 2025 DATE: 01.5.2025 RD