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2025 DAILYLAW 19713 (AP)

ASHA DEVI v. THE STATE OF ANDHRA PRADESH

CRLP/5693/2025 · 2025-06-05

Kiranmayee Mandava

body2025

Judgment text

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APHC010276032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY ,THE SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA CRIMINAL PETITION NO: 5693/2025 Between: Asha Devi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER:- The present application is filed seeking grant of regular bail to the petitioner/A1 in Crime No.143 of 2025 on the file of Visakhapatnam Railway Police Station, Visakhapatnam, registered for the offences under Sections 20(b)(ii)(B) r/w 8(c) of NDPS Act. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent. 3. The case of the prosecution is that on receipt of information that the petitioner, who is accused No.1 in Crime No.143 of 2025 was found 2 KM,J Crl.P.No.5693 of 2025 possessing and transporting contraband (10 kg of Ganja) at Visakhapatnam Railway Station. While the said contraband was being transported, the accused was apprehended by the police on 16.04.2025 and sent for remand. 4. It is contended that the petitioner is an innocent person and she has nothing to do with the alleged possession and transportation of Ganja basing on some confessional statement made before the officials, the petitioner was falsely implicated in the crime. It is further argued that the contraband seized is only of 10 kg which is not a commercial quantity. The submission made on behalf of the petitioner that the contraband seized is below commercial quantity has not been disputed by the learned Public Prosecutor. 5. Having regard to the same, this Court deems it appropriate to allow the application subject to the following conditions:- (i) The petitioner/accused No.1 shall be enlarged on bail on executing a personal bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only) with two sureties for like sum each to the satisfaction of the learned I Additional District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. (ii) The petitioner shall mark her attendance before the investigating officer on 1st week of every month between10.00 AM to 05.00 PM, till filing of the charge sheet. 3 KM,J Crl.P.No.5693 of 2025 (iii) The petitioner shall make herself available for investigation as and when required and she shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer. (iv) The petitioner shall not indulge in similar acts of crime. (v) The petitioner must regularly participate in the pre-trial and trial process without fail before the competent Court. 6. With the above observation, the Criminal Petition is allowed. As a sequel, pending applications, if any, shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Dt.06.06.2025 SCS 4 KM,J Crl.P.No.5693 of 2025 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA Crl.P.No.5693 of 2025 Date: 06.06.2025 SCS 5 KM,J Crl.P.No.5693 of 2025 2. The case of the prosecution is that on 16.04.2025, the Sub-Inspector of Visakhapatnam Railway Police Station received information about the illegal possession and transportation of ganja and he secured the presence of mediators and rushed to Gate No.1, Platform No.1 of Visakhapatnam Railway Station, where he noticed two persons. The Sub-Inspector of Police along with his staff apprehended A1, while the other person escaped from there. During the investigation, it was disclosed that 10 kgs of ganja was seized under the cover of mediators report.