IN THE HIGH COURT OF ANDHRA PRADESH AT FRIDAY, THE NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO: 4910 OF 2025 AMARAV i///, O mm m Between: 1. Sunkara Chandu @ Naughty Boy, S/o. Baburao R/o. MIG-2, 22-Cellar, Visweswarayanag Pedagantyada, Visakhapatnam, Visakhapatnam District 2. Balasati Pratap @ Benz, BS/o. Durgarao D.No.63-5-156 aged about 21 years. Near Vinayaka Temple, A.P. aged about 22 years, R/o. Malkapuram, Visakhapatnam, ar. Indira Colony-ll Visakhapatnam, District, A.P: 3. Swain Sai Prasad @ Pallu, S/o. Ramesh Kumar, aged about 22 years R/o. D.No.63-5-384, Indirf Colony-ll. Janatha Colony, Near Vinayaka Temple, Malkapuram, Visakhapatnam, Visakhapatnam 4. Palli Harshavardhan, S/o. Appaia Satyam Block No.23, FF-3, JNNURM District, A.P. . aged about 19 years, R/o. Colony, Mangalapalem, Gajuwaka Visakhapatnam, Visakhapatnam District, A.P. ...Petitioners/Accused No.1 to 4 AND Rep by its Public Prosecutor, High Court The State of Andhra Pradesh of Andhra Pradesh. ...Respondent Petition under Sections 437 & 439 483 of BNSS 1 grounds filed in ofCr.P.C, & Under Sections 480 & praying that in the Circumstances stated in the memorandum of i support of the Criminal Petition, the pleased to enlarge the Petitioners/Accused of Crime No. 134/2025 of Duvvada High Court may be No.1 to 4 on bail pending disposal P.S., Visakhapatnam District The Petition coming on for hearing, upon perusing the Petition and the upon hearing the RAO Advocate for the for the Respondent; memorandum of grounds filed in support thereof and arguments of SRI GOLUPAIi.LI MAHESWARA Petitioners, and of PUBLIC PROSECUTOR, APHCOI 0234282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4910 OF 2025 [3369] Between: ...PETITIONER/ACCUSED(S) Sunkara Chandu @ Naughty Boy and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition u/Sec.480 and 483 of B.N.S.S. has been filed Cr.No.134/2025 of This by the petitioners/A1 to A4 seeking regular bail in Duvvada Police Station, Visakhapatnam Commissionerate. 2. The above said crime was registered against the petitioners and for the offence punishable u/Sec.20(b)(ii)(B) r/w 8(c), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the others NDPS Act’). 3. Case of the prosecution in brief, is that, on 06.4.2025 at 10.30 of credible information about illegal possession and hours, on receipt I \ V 2 transportation of ganja, the Assistant Sub Inspector of police, along with his staff and mediators rushed to bushes near Duvvada Railway Station and found six 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 accused in this crime and police found 1.8 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and sent the accused to They confessed the involvement of other Court for judicial remand. accused in the commission of the offence. Learned counsel for the petitioners/AI to A4 contended that even according to the case of the prosecution, the petitioners were arrested when they were found in possession of 1.8 kgs of ganja, which is a non commercial quantity and the petitioners are languishing in jail from 06.4.2025 and prays to allow the criminal petition. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail to the petitioners but fairly conceded that the contraband He further submitted that the 4. 5. seized is below commercial quantity, petitioner No.1 has 4 previous antecedents, petitioner No.2 has 1 previous antecedent and petitioner No.3 has one antecedent. 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of the petitioners and other accused is only 1.8 kgs of ganja which is not commercial quantity. The 3 06.4.2025 and they are in judicial custody from have been m residents of Visakhapatnam , no reasons NDPS Act. Most contraband seized is not contemplated petitioners permanent of commercial quantity As the need to be recorded as shown to of the witnesses are accused wouid not cause might have been under Section 37 of the release of the of the investigation official witnesses and the be inn of investigation. As most and there is no is inclined hampering completed possibility grant baii to the petitioners, the result, the abode such, this Court is has permanent and the petitioner of his fleeing as away from justice with the following to is allowed criminal petition In 9. I bail on their thousand only) of the in shall be released on conditions'. i. The petitioners/A1 to A4 herein ersonal bond for ten Rs.10,000/- (Rupees like sum each to the satisfaction Judge for Trial executing P (01) surety for a - Special each with one learned I Additional District c, Offences under NDPS Act. Visakhapatna . and Sessions Judge before the Station JO.OO am to shall attend the petitioners ii) After release House Officer concerned once in a fortnight in between 01.00 pm for a period of two iii) that the petitioners with the prosecution (02) months; and directed not to hamper the investigation are witnesses. and tamper officer //true copy// For / F f«P V To, 1. The I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District 3. The Station House Officer, Duvvada Police Station, Visakhapatnam District 4. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy 7 PSR HIGH COURT TMR,J DATED:09/05/2025 BAIL ORDER CRLP.No.4910 of 2025 ALLOWED