APHC010269312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5565/2025 Between: T. MOHAN BABU, S/O.TYAGARAJULU AGED 53 YEARS, OCC BUSINESS, R/O BONDAPLLI VILLAGE, POOTHALAPATTU MANDAL, CHITTOOR DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor High Court of Andhra Pradesh at Amaravati Through the Station House Officer Tuni Police Station, Kakinada District ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to grant anticipatory bail to the Petitioner/Accused No.3 in the event of his arrest in connection with F.I.R. No. 37/2025, dated 05.03.2025 registered with Tuni Town Police Station, Tuni, Kakinada District and pass Counsel for the Petitioner/accused: 1. PASALA PONNA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.3 for granting of pre-arrest bail in connection with Crime No.37 of 2025 of Tuni Police Station, Kakinada District, registered for the alleged offences punishable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 06.03.2025, on receipt of credible information regarding illegal possession of Ganja, the Sub-Inspector of Police, Tuni Town Police Station, along with his staff and the Tahsildar, conducted a raid at Narsipatnam Bus Stop, Tuni and took Accused Nos.1 and 2 into custody in the presence of mediators and seized the three packets of Ganja which contains 6 kgs 460 grams of weight and Accused No.2 confessed that Accused No.3 engaged her for bringing Ganja and gave an amount of Rs.30,000/- and accordingly she met Accused No.1 and gave the said amount to him as per their plan. Then the police seized the contraband and on the basis of the seizure and confession, the police registered a case in Crime No.37 of 2025 of Tuni Police Station, Kakinada District. 3. Sri Pasala Ponna Rao, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely 3 implicated in this case; he is ready to abide any conditions to be imposed by this Court; and it is urged to grant pre-arrest bail to the petitioner/Accused No.3. 4. Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not completed; if the petitioner is enlarged on pre-arrest bail, he would not be available for the investigation and he will repeat the same offence; and it is urged to dismiss the bail application. 5. Perused the record. 6. The allegations against the petitioner/Accused No.3 are that Accused Nos.1 and 2 found in possession of 6.460 grams of Ganja. The Accused No.2 gave confession revealing the role of the petitioner/Accused No.3. It is reported that there are four (04) antecedents of similar nature against the petitioner. As per the judgment of the Hon’ble Apex Court in Special Leave to Appeal (Criminal) No.9540 of 2025, dated 07.07.2025 in the case of Dinesh Chander v. State of Haryana, in general Anticipatory Bail is not maintainable against the accused, who is involved in NDPS cases. 7. Considering the nature of allegations levelled against the petitioner, his alleged role in this case and the four (04) adverse antecedents reported against the petitioner, this Court does not deem it 4 fit to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner requests this Court to grant liberty to the petitioner to surrender before the learned jurisdiction Magistrate concerned and move an appropriate application for his release before the Special Court concerned. 8. In the result, the Criminal Petition is disposed of granting liberty to the petitioner to surrender before the learned jurisdiction Magistrate concerned within a period of one (01) week from the date of receipt of copy of this order and move an appropriate application before the learned Special Court for enlarging him on bail. The learned Special Judge shall endeavour to dispose of the application on its own merits in accordance with law by giving due and sufficient opportunity of hearing to the learned Public Prosecutor before the learned Special Court and pass appropriate orders within a reasonable time, preferably in two (02) days. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.07.2025 SCS 5 109 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.5565 of 2025 Date:22.07.2025 SCS