APHC010262832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY ,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5468/2025 Between: Sri Sadak Valli ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. K SRINIVAS Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.23 of 2025 of Proddatur I Town Police Station, YSR Kadapa District registered against the petitioner/Accused No.1 herein for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’) and 9(I) of the Andhra Pradesh Gaming Act (for brevity ‘the Gaming Act’). 2 2. The case of the prosecution, in nutshell, is that the petitioner was arrested on 13.02.2025 on the allegation of his involvement in selling ganja of 1.6 Kgs illegally and playing Matka. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri K.Srinivas, learned counsel for the petitioner submits that the petitioner is innocent and the quantity of ganja seized is non-commercial quantity; the petitioner is languishing in judicial custody since 13.02.2025; petitioner would abide by any conditions to be imposed by this Court and urged to allow the petition. 5. Per contra, Sri Neelotphal Gunj, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner is a habitual offender, involved in other crimes including Matka, ganja and IPC; some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law and urged to dismiss the bail petition. 6. As seen from the record, the petitioner has been in the judicial custody from the past 91 days and the contraband alleged to have been seized from the petitioner is only 1.6 Kgs, which is non-commercial quantity; if the petitioner is enlarged on bail with stringent conditions, he would not flee away from the clutches of the law, and interest of the justice would be served. 3 7. Keeping in view of the period of detention undergone by the petitioner in judicial custody for the past 91 days and the quantity of ganja involved in this case, this Court is inclined to enlarge the petitioner on bail with the stringent conditions. 8. In the result, the criminal petition is allowed with the following conditions: i) The petitioner shall be enlarged on bail subject to executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional Judicial Magistrate of I Class, Proddatur. ii) The petitioner shall appear before the Station House Officer, Proddatur I Town Police Station, YSR Kadapa District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned Trial Court. iii) The petitioner shall not leave the limits of the District without prior permission from the learned I Additional Judicial Magistrate of I Class, Proddatur. iv) The petitioner shall not commit or indulge in commission of any offence in future. 4 v) The petitioner shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. _____________________________ Y. LAKSHMANA RAO, J Date: 15.05.2025 KA