IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T.C.D.SEKHA CRIMINAL PETITION NO.I 5606 OF 2025 Between : Selvakumar Mohan, S/o Selva Kumar Aged about 38yrs R/o ll-1/1 Street ChettI'PattI' Village, Arasiramani Distrl'ct TamI'Inadu State . Kullapatti, sankaraiah Thalukla selam PetI-tiOner/Accused No.1 AND The State ofAndhra Pradesh, Through station House Officer prohl-bit,-on and ExcI-Se StatI'On, Gudur, SPSR Nellore DI-Strict Rep. by its public prosecutor High Court ofAndhra Pradesh At Amaravathi . Respondent/complaI-nant p:tition under sectI-OnS 437 and 439 of Cr.P.C(New SectI'OnS 480 and 483 of Bharatiya Nagarik Suraksha sanhjta,2023), is fI'Ied prayI'ng that l'n the circumstances stated in the memorandum of grounds filed in support of the Crjmjnal PetI-tI-On, the High Court may be pleased to release the petitl'oner on bail I-n Crime No.56/2025 on the file of Prohjbjtjon & Excl'se Station, Gudur, SPSR Nellore District I-n the I'ntereSt Of juStiCe. The petition coming on for hearing, upon perusI'ng the Petition and the memorandum of grounds filed in support thereof and upon heart-ng the arguments of Sri D PURNACHANDRA REDDY, Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the foI[ow['ng ORDER THE HONOURABLE I.C.D. SEKHAR CRIMINAL PETITION NO:5606 of 2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.56 of 2025 of Prohibition & Excise Station, Gudur, registered against the petitioner/Accused No.1 herein and others 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 ActJ). 2. The case of the prosecution, in a nutshell, is that as per the instructions of the Assistant Prohibition and Excise Superintendent, Gudur to detect prohibition and Excise offences, on 27.04.2025 at about 10.00 a.m., the Prohibition and Excise Inspector, Guntur and Prohibition and Excise Sub-Inspector, Gudur along with their staff left the station by government hired vehicle bearing No.AP-31-TV- 7063 and during the raid, searched the premises of Railway Station, Market Area in gudur Municipali'ty and then reached near Vinayaka Swam'y Temple at RTC Bus Stand, Gudur Town at about 1.30 p.m., and found one male person hanging one black colour backpack on his shoulders and on seeing the uniform officers, he tried to ran away and then they stopped him and enquired about the bag and then he revealed that the bag containing ganja. Then, they verified the bag in the presence of mediators and found three (3) brown colour sealed ganja packets in the bag and found Pungent ganja smell coming from that bag. Then, they weighed the ganja Packets with the electronic weighing machine carried in the department vehicle in the presence of mediators and each ganja Packet containing 2 kgs of ganja and the total 3 packets contain 6 kgs of ganja. on enquiry, the petitioner/Al confessed that he Purchased the ganja packets from accused No.2 and he paid Rs.5,000/- per kg in total Rs.30,000/- to accused No.2 to sell the same by Preparing small quantity i.e.,10 grams for Rs.200/-for h'ls livelihood. Then, the Excise Inspector verified and seized the ganja and Other things in the presence of mediators. Basing on the mediators report, the instant case is registered. 3. Heard learned counsel for the petitioner/Accused No.1 and the learned Assistant Public Prosecutor. Perused the record. 4. Sri P.Nagendra Reddy, the learned COunSel for the petitioner/Accused No.1 submits that the Petitioner/Accused No.1 has not committed any offence; he was falsely implicated by the a -I POliCe in the Crime,I he is the sole br?adwinner; he would abI|de by any condI'tiOnS tO be imposed by this Court; and urged to allow the petI[tiOn. 5. Percor,ira, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed the bail application stating that some more material witnesses have to be examined; I'nVeStigatiOn iS not completed; if the petitioner/Accused No.1 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/Accused No.1 has been in the judicial custody for the past 38 days. The petitioner/Accused No.1 is resident of Salam District, Tamilnadu State. If the petitioner/Accused No,1 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. 7. Keeping in view of the period of detention undergone by the Petitioner/Accused No.1 in judicial custody for more than 38 days, the nature and gravI'ty Of allegation levelled against the petitI'Oner/Accused No.1, and his alleged role in the case, this Court €`-. r-=9 is inclined to enlarge the petitioner/Accused No.1 on bail with the following stringent conditions. 8. ln the result, the criminal petition is allowed with the following conditions: i. The petitioner/Accused No.1 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 the like sum each to the satisfaction of the learned Judicial Magistrate of First class for Trial of Prohibition & Excise Offences, Nellore. ii. The petitioner/Accused No.1 shall appear before the Station House Officer, Prohibition & Excise Station, Gudur, once in a month on every fourth Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. iv. The petitioner/Accused No.1 shall cooperate with the investigating officer in further jnvestigat'lon of the case and shall make himself available for interrogation by the investigating officer as and when required. v. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to To, 1. 2. 3. 4. 5. any person acquaJnted w,th the facts of the case so as i-_ooud:i::.dea::I::,e_r_ fr?_m a,s;os_,-n': :::;efac:{sse tsoot:: court or to any pot,-ce off,'cer. SDI- G //TRUE copy// TFSnJ#:!Nin=t#n=deg:Snttra`: IOhf_ :: r.st^c la ss fo r :r:: I -:: :::; I-;It:on-:E:::I:: :T#nJ^cuedsi:iNa=#o=egIStrate of FIrst Class for :r::I-::i:::-:-+:_--:-:----`-`-` Fy#e: o§:uaptD=#rs#tft#giv tbf£luCbe-rJpa:l8 h£bul# = :ri a:;Pri:E=vI;IJHo:oe h:::i: :cnt The slat,on House officer prohlbJtlon and Exclse statJOn, Gudur, spsR N^ellor_e DiSirild. €#= 8ccst€: sthRg ppuNB££cEpNRDoEsAFRrFIDTD±:ir::IcSae{eS:ao{:I: :T T_wo cc s -to tih= -:u\E£IG%EpNRDnEsAERrFID+D~Y_ psk6 on= sup-a®r:Oc:npey Pu BLIC prdo`S\E#TuOYRPE¥gohcac{oeu[rio=fuAC]p [opuc] ra HIGH COURT TCDS,J DATED : 05/06/2025 BAIL ORDER CRLP.No.5606 of 2025 ALLOWED g=s=¥;I-ceiL====