^ ; IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR WEDNESDAY ,THE SEVENTH DAY TWO THOUSAND AND TWENTY X :PRESENT: TME HONOURABLE SRI JUSTICE T MALLIKARJUN CRIMINAL PETITION NO: 4550 OF 2025 ^ Between: 1. Mohan Raj Perumal, S/o Perumal, Aged about 27 years, R/o d’No. 2/109, Ganthi Colony, Kollikudi Post, Dheera Nagar, SrirangamThaluka, Truchirapally District, Tamilnadu State. 2. Shathivel Krishnan, S/o Late Krishnan, Aged about 42 years. Mill Colony, Ramjee Nagar Post, Truchirapally District, Tamilnadu State. 3. Gowtham Senthil Kumar, S/o Senthil Kumar, Aged about 24 years. H.No. 2-128. Ganthi Colony, Kollikudi Post, Dheera Nagar, SrirangamThaluka, Truchirapally District, Tamilnadu State. Petitioner/Accused No.1 to 3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amarvathi, Through Statioiv House Officer, Pathapatnam Police Station, Srikakulam District. Respondent/Complainant Petition under Section 480 & 483 of BNSS Act is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/A-1 to 3 bail in connection with Crime No.32/2025 on the file of Pathapatnam Police Station, Srikakulam District / on The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri SATHEESH KUMAR EERLA Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4550/2025 Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioners/A1 to A3, seeking regular bail, in Crime No.32 of 2024 of Pathapatnam Police Station, Srikakulam District. A case has been registered against the petitioners herein 2. and others for the offences punishable under Section 20(b)(ii)(C) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). The brief facts of the case are that on 26.02.2025, on 3. receipt of credible information, the Sub-Inspector of Police along with his staff and mediators rushed to near APSRTC Complex, Pathapatnam, Srikakulam District and caught A1 to A3 in possession of 22.085 Kgs of Ganja. Heard. Perused the record. 4. The learned counsel for the petitioners submit that the contraband allegedly seized from the possession of the 5. 2 petitioners weighs 22:085 kgs. The definition of ganja only includes the flowering or fruiting tops of the cannabis plant and excludes the seeds and leaves when not accompanied by the tops. In support of this contention, the learned counsel for the petitioners referred to a decision reported in Criminal Application (BA) No.602 of 2024, wherein it was observed that the contraband seized in that case weighed 50 kgs. The Court considered this fact, whereas, in the present case, the contraband allegedly seized weighs 22.085 kgs. In the said decision, the Court also stated in paragraph No.7 that "a perusal of the material on record shows that what was seized was the plant, i.e., leaves, seeds, stems, and stalks, and without separating these parts, the ganja was weighed. As the seized material was not weighed after separating the leaves and other parts, and moreover, it was not accompanied by the flowering or fruiting tops, it is difficult to ascertain whether the quantity can be considered commercial. 6. in the same decision, paragraph No.9 also observes, "it is significant to note that the definition of 'ganja' under the NDPS Act includes only the flowering or fruiting tops of the cannabis plant and excludes the seeds and leaves when not accompanied by the tops. Thus, the definition of ‘ganja’ is restricted and does not include the seeds and leaves of the cannabis plant. The panchanama and seizure do not reflect the presence of flowering or fruiting tops of the plant. In the mediators report, it is stated on opening of bags 7. they noticed dry leaves, flowers, seeds, stems, and stalks weighing about 22.085 kgs. In the light of the observations made in the said decision, it is doubtful as to whether commercial quantity of ganja has been seized and the fact that the petitioners have no criminal antecedents and the learned Assistant Public Prosecutor affirmed the same. Upon confirmation from the learned Assistant Public Prosecutor that. except for the awaiting report from the RFSL, most of the investigation has been completed. Considering the fact that / petitioners have been in judicial custody from 26.02.2025, most of the investigation might have completed and most of the witnesses are official witnesses, and given that the release of the petitioners/A1 to A3 would not hamper the investigation, this Court is inclined to grant bail to the petitioners/A1 to A3 on the following conditions; (i) The petitioners herein/A1 to A3 shall be released on executing personal bond for Rs.50,000/- (Rupees fifty thousand only) each with two sureties for a like sum each to the satisfaction of the learned Special Sessions Judge for Trial of 1 4 the Cases under the NDPS Act-cum-l-Additional Sessions Judge. East Godavari District, Srikakulam. (ii) After release, the petitioners shall Station House Officer concerned, of three (03) months, (iii) That the petitioners investigation and tamper with the they shall cooperate with the investigation. Accordingly, the Criminal Petition is allowed. appear before the once in a fortnight for a period are directed not to hamper the prosecution witnesses and 8. SD/-K. KASIRAO ACHARI ASSISTAN ISTRAR //TRUE COPY/; SECTION OFFICER To, • w «■ % 1. The Special Judge for trial of Cases District & Sessions Judge. Srikakulam. 2. The Superintendent, District Jail Under NDPS Act-Cum-I Additional , Srikakulam. 3. The Station House Officer, Pathapatnam Police District. Station, Srikakulam 4. One CC to SRI. SATHEESH KUMAR EERLA Advocate [OPUC] [OU-q^^ *° Pi'osecutor (AP) High Court 6. One spare copy of A.P., Amaravati HIGH COURT TMR,J DATED:07/05/2025 BAIL ORDER CRLP.No.4550 of 2025 ALLOWED