7 I .., [3505] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL PETITION MOS: 4638 AND 4862 OF 2025 CRIMINAL PETITION NO: 4638 OF 2025 Between : 1. Netaji Muthuthevara, s/o Muthuthevara Aged about 45yrs, R/o Chettikulam village, Usilampatti Taluk Madurai, Tamilnadu State 2. Kumar Nallu, S/o Nallu Aged about 38yrs R/o Samuthuva Puram village Usilampatti Taluk, Madurai Tamilnadu State Petitioners/Accused Nos.2 & 3 The State of Andhra Pradesh, Through Station House Officer Prohibition & Excise Station, Nellore-Il, SPSR Nellore District Rep. by its Public Prosecutor High Court of Andhra Pradesh At Amarava{hi AND Respondent/Complainant Petition under section 437 & 439 of Cr.P.C is filed praying that in the circumstances stated in the affidavit filed I'n Support Of the CrimI-hal Petition, the HI'gh Court may be pleased to release the petitioners on bail in Crime No.89/2025 on the file of the prohibition & Excise Station, NeIIore-II, SPSR Nellore District. CRIIVIINAL PETITION NO: 4862 OF 2025 : Between : Sundar Pandi. Ukkaira Pandi, S/o Ukkirapandi Aged about 35yrs, R/o Chettikullam village, Usilampatti Taluq Karumathuru post, Madurai Tamilnadu State Petitioner/Accused Njo.1 The State of Andhra Pradesh, Through Station House Officer prohibition & Excise Station, Nellore-Il, SPSR Nellore District Rep by its public prosecutor High Court of Andhra Pradesh At Amaravathi Respondent/Complainant AND petition under section 480 & 483 of BNSS 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 release the Petitioner On bail in Crime No 89/2025 on the file of the Prohibition & Excise Station, Nellore-lI SPSR NeIIore District in the interest of justice. The petitions coming on for hearing, upon Perusing the Petitions and the grounds filed in support thereof and upon hearing the arguments of sri p NAGENDRA REDDY Advocate for the Petitioners in both crl.p.Nos.4638 & 4862, PUBLIC PROSECUTOR (AP) for the Respondents in both cases and the Court made the following. oE The Court made the following Common Order: The Criminal Petitions have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity tthe BNSS'), seeking to enlarge the petitioners/Accused Nos.1 to 3 on bail in Cr.No.89 of 2025 of the Prohibition & Excise Station, Nellore-ll, registered against the petitioners/Accused herein for the offence punishable under sections 8© read with 20 (b)(Il)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity tthe NDPS Act'). 2. The case of the prosecution in nutshell is that on 04-04,2025 the Excise officials searched the RTC buses, they found accused No.1 {o 3 , who were travelling from Vijayawada to Tirupathi in a super Luxury bus, in possession of ganja and recovered 2.250 Kgs of ganja from accused No.2 and 4.500 kgs. of ganja from accused No.3, and 13.500 kgs of ganja from the possession Of accused No.1. It is further submitted that all the accused Purchased ganja from accused No.4 with a view to sell the same. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 4. Sri. P.Nagendra Reddy, the learned counsel for the petitioners submits that the petitioners have not committed any -ii= offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per cot,ira, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed the bail application stating that the petitioners are habitual offenders, some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petitI-On. 6. As seen from the record, the petitioners have been I-n the judicial custody since 04.04.2025. lf the petitioners are enlarged on bail with stringent conditions, they would not flee away from the clutches of the law, and I'ntereSt Of the justice WOuld be served. 7. Keeping in view of the period of detention undergone by the petitioners in judI-Cl-al Custody for more than 60 days, the nature and gravity of allegation levelled against the petitioners, and their alleged role in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions. 8. In the result, the criminal petition is allowed with the following conditions: i. The petitioners shall be enlarged on bail subject to the executing a bond for a .sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First class for Trial of Prohibition & Excise offences, Nellore. ii. The petitioners shall appear beforethe Station House Officer, Prohibition & Excise Station, Nellore- ll, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners shall not leave the limits of the District without prior permission from learned Judicial Magistrate of First class for Trial of Prohibition & Excise offences, NeIIore. iv. The petitioners shall not commit or indulge in commission of any offence in future. v. The petitI-OnerS Shall cooperate with the investigating offI'Cer in further investigatI-On Of the case and shall make themselves available for interrogation by the investigating officer as and when required. vI-. The petI-tl|OnerS Shall not, directly or indirectly, make any I-nduCement, threat or promise to any Person acquainted with the facts of the case so as to dl-ssuade hl-m/her from disclosing such facts to the court or to any police officer. SD/-M.SRINIVAS ASSISTANT RZfaTRAR //TRUE COPY// SECTION OFFICER FoI -----|-I \\-|\ To, 1. The Judicial Magistrate of First Class for Trail of Prohibiiton & Excise Offences, Nellore. 2. The Superintendent, District PrI-son, Nellore, SPSR Nellore District. 3. The Station House OffI-Cer, Prohibition & Excise Station, Nellore-II, SPSR Nellore District. 4. One CC to SRI. P NAGENDRA REDDYAdvocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofA.P., Amaravati [OUT]. 6. One spare copy *, -9 :r#J#p-._._ 1`to =\ //a _\ HIGH COURT TCDS,J DATED : 05/06/2025 BAIL ORDER CRLP.NOS.4638 AND 4862 OF 2025 ALLOWED c 6 tiu7« i8as *€::Pgii . :. ly rfu.. .,I,J*.±J; ,,ae ; ( I