IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE NINTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4977 OF 2025 Between: Gajanana Khursange, S/o Ramdas Khusange, Aged 45 Years, R/o Tekdi Ward Pandhurna, Chhindwara Madhya Pradesh. .. .Petitioner/Accused-A-1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. .. .Respondent/Compiainant Petition under Section 480 and 483 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to release the petitioner on bail in Cr.No. 116/2025, GRP Police Station, Visakhapatnam District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of M/s Koppisetti Parvati Devi, Advocate for the Petitioner and Public Prosecutor for the Respondent; APHC010222302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4977 OF 2025 Between: ...PETITIONER/ACCUSED Gajanana Khursange AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.KOPPISETTI PARVATI DEVI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following; ORDER: This Criminal Petition u/Sec.480 and 483 of B.N.S.S. has been filed by the petitioner/A1 seeking regular bail in Cr.No.116/2025 of Visakhapatnam Police Station, GRP Vijaywada. The above said crime was registered against the petitioner and 2. other for the offence punishable u/Sec.8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). Case of the prosecution in brief, is that, on 24.3.2025 between 3. 12.30 hours to 15.15 hours, on receipt of credible information about illegal 2 possession and transportation of ganja, the Sub Inspector of RPF, along with his staff and mediators rushed to bushes Visakhapatnam Railway Station and found circumstances. at North End of one person in suspicious On seeing police, he tried to ran away. Then police apprehended him and on enquiry, he disclosed his identity particulars that of A1 and police found 10.5 kgs of ganja in his possession. Then police arrested the accused, seized the contraband and sent the accused as to Court for judicial remand, accused in the commission of the offence. Learned counsel for the petitioner/AI contended that according to the case of the prosecution, the petitioner was arrested and found in possession of 10.5 kgs of ganja, which is a non-commercial quantity and the petitioner is languishing in jail from 24.3.2025 and to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail to the petitioner but fairly conceded that the contraband seized is below commercial quantity, petitioner has no previous antecedents. Heard both sides. Perused the entire material on record. Learned counsel for the petitioner submitted that the contraband alleged to be seized from the possession of the petitioner and other accused is only 10.5 kgs of ganja which is not commercial quantity. The He confessed the involvement of other 4. even prays He further submitted that the 6. 7. 8. 3 petitioner has been in judicial custody from 24.3.2025 and he permanent resident of Chhindwara, Madhya Pradesh. As the contraband seized is not of commercial quantity, no reasons need to be recorded as contemplated under Section 37 of the NDPS Act. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation. As most of the investigation might have been completed and the petitioner has permanent abode and there IS no possibility of his fleeing away from justice, this Court is inclined to grant bail to the petitioner. In the result, the criminal petition is allowed with the following IS a 9. conditions; i. The petitioner/A1 herein shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned VI Metropolitan Magistrate for Railways, Visakhapatnam; ii) After release, the petitioner shall attend before the Station House Officer concerned once in a fortnight in between 10.00 am to 01.00 a period of two (02) months; and pm for iii) that the petitioner is directed not to hamper the investigation tamper with the prosecution witnesses and shall furnish his identity proof and address proof. and Sd/- U. SRI DEVI ASSISTANTiREGISTRAR //TRUE COPY// SECTION OFFICER For / 1. The VI Metropolitan Magistrate Railways Visakhapatnam. 2. The Superintendent, Central Prison, Visakhpatnam. 3. The Station House Officer, GRP Police Station, Visakhapatnam District 4. One CC to Sri. Koppisetti Parvati Devi, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy To, % HIGH COURT TMR,J DATED:09/05/2025 ORDER CRLP.No.4977 of 2025 4^. -f ALLOWED