I, lN THE HIGH COURT OF ANDHRA PRADESH AT A \i -.- T H U R STDwAoY I TTHHoEuTs:: NDTAYNSDETCwOENNDTDyAFlvoEFS : PRESENT: `of*~ THE HONOURABLE SRI JUSTICE CHALLA GUNARANJANused_ CRIMINAL PETITION NO: 5603 OF 2025gr Betwee n : Devagudi LokeshwT=ra Reddy @ Lokesh Reddy, S/o. Devagudi Jagadeeswara Reddy, Aged about 30 years, Occ. Agriculture, R/o D.No.572:1, Modametaapalle, Patha Kadapa, Kadapa Mandal, YSR Dis+rir€t ...Petitioner/A-12 AND The State of Andhra Pradesh, rep., by its Public Pro§of6*cutor, High Court at Amaravathi. ...Respondent Petition under Sectiontr82 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on anticipatory bail in ®S \rf Cr.No.73/2025 registered at Khajipeta U/G Police Station, YSR District gr under Sections 8(c) read with 20(b)(ii)(B) of the NDPS Act, 1985 and pr Section 9(1 ) of the AP Gaming Act,1974, in the event of his arrest, he be released on bail upon furnishing a personal bond with or without sureties, as deemed fit by this Hon'b]e Court; in the interest of justice; kggr The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petition land upon hearing the V arguments of sri v.R.Reddy Kowuri, Advocate for the Petitioner and I. ...,, Public Prosecutor for the Respondent; The Court made the follo-win order: (CGR,J Crl.P.No.56O3 of 2O25) Present Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2025 (for brevity {the BNSS') seeking anticipatory bail with respect to Crime No.73 of 2025 of Khajipeta U/G Police Station, YSR Kadapa District, registered for the offences punishable under Section 8(c) read with 20(b)(ii)(B) Narcotic Drugs and Psychotropic Substances Act,1985 and Section 9(I) A.P. Gaming Act,1974. The petitioner herein has been arrayed as A-12. 2. Facts, in brief, of the case are that on o9.05.2025 at about 9.35 a.m. based on complaint, police have made a surprise visl-I of the place where A-1 to A-12 are alleged to have been playing and indulging I-n gambling and also possessing Narcotic substance i.e., ganja. During the said inspection, police have seI-Zed about 2 kgs and 570 grams of ganja besides cash Rs.20,000/- and 52 playing cards from the scene of offence, in particular, the ganja was alleged to have been seized from A-1. The police have arrested 9 persons i.e, A-1 to A-9 and 3 other persons have fled away and later they have got sI-gned On confession statement and also seizure panchanama. As per which, it is stated that the ganJ'a has been possessed and brought by A1, which meant for distribution to other co-participating players. lnsofar as A-1 to A-9 are concerned, have already been arrested. A-8 and A-9 have \`- 3 (CGR,J CrI.P.No.5603 of2025) been enlarged on bail by the learned I Additional District Judge, Kadapa vide orders, dated 19.05.2025. 3. Learned counsel for the petitioner, while drawing attention to the confessional statement alleged to have been made by A-1 to A-9 and also the remand report, submits that even as per the prosecution, the ganja has been seized from A-1 and as per the statement made therein atleast, petitioner/A-12 herein can only be treated as a consumer but not peddl.er and it does not their case that.even a small quantity has been seized from the petitioner. Even in the remand report also except for stating that A-12 was indulging in selling the ganja, it has not been stated as to how much quantity seized from him. 4. Learned Assistant Public Prosecutor appearing for the respondent opposed to grant anticipatory bail and contended that A-1 to A-9 have been arrested and the matter is under investigation and enlarge the petitioner on anticipatory bail would hamper further investigation. 5. Perused the record and considered the rival submissions. 6. The confession statement Gum seizure mahazar recorded by police on 09.05.2025 clearly states that entire quantity of Ganja has been recovered from A-1 and petitioner was not possessed any of the said material. Even the co-accused, A-8 and A-9, are already enlarged 4 (CGR,J Crl.P.No.5603 of 2025) on regular bail. Since no quantity has been seized directly from the petitioner, it cannot be said that the petitioner has to be treated as a peddler atleast he can be used it. Having regard to the fact that no quantity is found with the petitioner, even the said assumption cannot be made at this stage. As per the notification under NDPS Act, any quantity above 1000 grams alone would be considered as commercial quantity. 7. In view of the same, this Court is inclined to allow the criminal petition with the following directions: a) ln the event of arrest of the petitioner, the petitioner shall be enlarged on bail on his executing a personal bond for a sum of Rs.2O,OOOr (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the arresting police officials; b) The petitioner shall make himself available for investigation as and when required; c) The petitioner shall not cause any threat, -Inducement Or Promise tO the Prosecution Witnesses; d) The petitioner shall appear before the Station House Officer concerned twice in a week i.e., on every Sunday and Wednesday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet. +`, \t® _,,` Eii 5 (CGR,J crl.p.No.5603 of 2025) e) The pe'iitioner Shall not leave the District limits I/ without the express permission from the Station House officer concerned. 8. Accordingly, the Criminal Petition is allowed. As a sequel, Pending miscellaneous Petitions, if any, Sha" Stand closed. sD/-MIPRABHAKARA RAG //TRUE COPY// Toll The Statlon House Offlcer, Khajlpeta U/G Pollce Station, YSR I..., District. 2. One CC to Sri. V.R.Reddy\Kro-wuri, Advocate [OPUC] 3. Two CCs to Public Prose-€u`tor, High Court of AP [OUT] 4. One spare COPy``,;z.f# l\,I A..I HIGH COURT CGR,J DATED :22/05/2025 ORDER CRLP.NoI5603 of 2025 ALLOWED --_._ I -`-, ,I apt. ..*b-.+,,..: •`\ .T ` ----.--='' hp I---.-,-''-__ ,\ i .-\-.ct-I ` tyrtyl`uliri] i |.. `~y~