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2025 DAILYLAW 16837 (AP)

TEKU KIRAN KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/4800/2025 · 2025-05-07

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

'V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE SRI JUSTICE T MALLIKAR \ CRIMINAL PETITION NO: 4800 OF 2025 > Between: Teku Kiran Kumar, S/o Bhaskarao, Aged about 21 years, R/o D.No.45- 2-34/15, Masjid Veedhi, Thatichetlapalem Visakhapatnam District, AP Petitioner/Accused No.2 AND The State of Andhra Pradesh, SHO IV Town P.S., Visakhapatnam City Rep by its Public Prosecutor, High Court of AP, Amaravati. Respondent Petition under Section 437 & 439 of Cr.P.C/480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to release the petitioner on bail in Cr.No 67/2025 against the Petitioner for the alleged offences U/s 20 (b), (ii), (b),r/w 8(c) of NDPS Act.1985 on the file on the file of IV Town P.S., Visakhapatnam pending investigatoin in the interest of Justice The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri. A.SRINIVASA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following: r THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4800 of 2025 ORDER: This Criminal Petition u/Sec.480 and 483 of B.N.S.S. has been filed by the petitioner/A2 seeking regular bail in Cr.No.67/2025 of IV Town Police Station, Visakhapatnam City. The above said crime was registered against the petitioner and others for the offence punishable u/Sec.20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the 2. NDPS Act’). Case of the prosecution in brief, is that, on 22.3.2025 at 1.45 pm, on receipt of credible information about illegal possession and transportation of ganja, the Sub Inspector of police, along with his staff and mediators rushed to compound wall of port stadium, B.S.Layout, Visakhapatnam and found three persons in suspicious circumstances. On seeing police, they tried to ran away. Then police apprehended them and on enquiry, they disclosed their identity particulars as that of A1 to A3 and police found 1.250 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. They confessed the involvement of other accused in the commission of the offence. 3. Learned counsel for the petitioner/A2 contended that even according to the case of the prosecution, the petitioner was arrested 4. 2 when himself and other aecused were found in possession of 1.250 kgs of ganja, which is a non-commercial quantity and the petitioner is languishing in jail from 22.3.2025 and prays to allow the criminal petition. On the other hand, learned Assistant Public Prosecutor opposed 5. for grant of bail to the petitioner but fairly conceded that the contraband seized is below commercial quantity. He further submitted that the petitioner has no previous antecedents. 6. Heard both sides. 7. 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 1.250 kgs of ganja which is not commercial quantity. The petitioner has been in judicial custody from 22.3.2025 and he is a 8. permanent resident of Thatichetlapalem, Visakhapatnam. 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, as such, this Court is inclined to grant bail to the petitioner. 3 In the result, the criminal petition is allowed with the following 11. conditions: i. The petitioner/A2 herein shall be released on bail on his executing a personal bond for Rs. 10,000/- (Rupees ten thousand only) with one (01) surety for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, 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 pm for a period of two (02) months; and iii) that the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. I SD/- N.NAGAMMA ASSISTANT JSTRAR //TRUE COPY// SECTION OFFICER To 1. The I Additional District & Sessions Judge, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. House Officer, IV Town Police Station, Visakhapatnam. 3. The Station 4. One CC to Sri. A.SRINIVASA RAO, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS HIGH COURT TMR, J DATED:08/05/2025 BAIL ORDER CRLP.No.4800 of 2025 i o m I Oil V.A ALLOWED -ic