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2025 DAILYLAW 19816 (AP)

POTNURI RAJSEKHAR v. THE STATE OF ANDHRA PRADESH

CRLP/5734/2025 · 2025-06-15

T Mallikarjuna Rao

body2025

Judgment text

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iE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY, THE-SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE I.PRESENT: THE HONOURABLE SRI JUSTICE T MALL[KARJUNA RAO CRIMINAL PETITION NO'. 5734 OF 2025 Between: potnuri Rajsekhar, S/o. Ram Surya Rao, Aged about 24 years, Male R/o. LankaPatnam, Vizianagaram Town, Vizianagaram District. ... petitioner/Accused NO.7 The State Of Andhra Pradesh, Rep by its Public Prosecutor, High Court Of Andhra PradeSh, AmaraVati. ...Respondent/Complainant petition under section 480 & 483 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the criminal petit'lon the High Court may be Pleased tO grant Regular ball tO the Petltioner/Accused No. 7 in COnneCtiOn With the Crime No. 127 of 2025 of " Town P.S., vizianagaram, vizianagaram District. The petition coming On for hearing, upon PeruS'lng the Petition and the memorandum of grounds filed 'ln support thereof and upon hearing the arguments of SRI MANGENA SREE RAMA RAO Advocate for the Petltioner, Assistant Public Prosecutor for the Respondent and the Court made the following. ORDER - , =J3ee.-. ]J ApHCO10277672025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 5734/2025 Between : Potnuri Rajsekhar The State Of Andhra Pradesh AND ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. MANGENA SREE RAMA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition u/Sec.480 and 483 of B.N.S.S. has been filed by the petit'loner/A7 seeking regular bail in Cr.No.127/2025 of l' Town Police Station, Vizianagaram. 2. The above said crime was registered against the petitioner and others for the offence punishable u/Sec.20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short [the NDPS Act'). 3. The case of the prosecution is as follows: On 28.3.2025 at 10.00 am, on receipt of credible information about illegal possession and transportation of ganja, the Sub Inspector of pol'lce, along with his staff and mediators rushed to Leprosy colony, Phoolbagh ~ 2 road, vJZlanagaram and found seven persons ,n suspJC,Ous clrcums{ances on seeJng po'JCe, they trled to ran way Then poIICe apprehended them a\n7d aOnnd qpuoel:::a nf:nug: d{hleny Rd I :,C~I_os_era {h el : Id e n{:i; pVau::ceu lea:sp raeshtehnadteodf :hle:o A7 and pot,ce found 10 5 kgs of ganJa ,n the,r possesslon Then po'ICe a`Jr:euSritef:r ]t:delc:acICrUeSme::se'zed the contraba:a aY::®seeSnS:a:he TahcecnuspeodlIC{€o court forjud,'c,'a' remand. 4. Learned .. vvut.GJ[uea [nat even accord,'ng to the case of the prosecut,on, the pet,I,oner was arrested when A,mself a=:dm :eh:crISalWqeuraenf{:tuvnadn :n +plo_s_s:ssl o n om : k:oof a: :n:::aw::he :sh:mnSoe:_ commercla' quan{,ty and the pet,I,oner ,s 'angu,sh,ng ,n Ja" from 28 3 2025 and prays to allow the crI-mjna' petj{l-on. :rant o£nb::etootthheerDhe:,:ld::e.alrn:: Assls{an{ public prosecutor opposed for grant of baf' to the petftIOner but faJr'y conceded that the contraband seJZed JS below comr7lerc,a' quant,ty He further subm,tted that the pet,tIOner has no previous antecedents. 6. Heardbothsl-des. 78±l leg ed=e:::n:eeeddsteChIOze:e:ns::r:::r+ah{{aehre:a_I:Oe:lt:oe:oerrd s u b m I{ted th auh e contra b and a.I::sgoend l{so obnel yselIZoe5d :rnOQm^:h~e:OSSeSSl a n :i::: I :i:tl :nnaetr/:h7e aCnOdntar:obtahnecr person IS only 10 5 kgs of ganJa wh,ch ls not commercla' quantJty The pet,tloner has been ln Judfclal custody from 2832025 and he IS a permanent resJdent of v,zJanagaram As the contraband se,zed JS not of commerc,a' quantlty, no reasons need to be recorded as contemp'a{ed counsel for the pet,'t,'oner/A7 contended that even ll_ _ \g: under section 37 of the NDPS Act. Most of the witnesses are shown to be offi'cia' witnesses and _the release of the accused would not cause f| hampering of ['nvestigation and {amper['ng of evidence. As most of the I'nVeS{igation might have been completed and the petitioner has permanent abode and there js no possjbl[li{y of his fleeing away from justice, as such, this court is inclined to grant bail to the petitioner. 9. [n the result, the crjml'nal pe{i{ion is allowed wl'th the following conditI'OnS: i. The pe{jtioner/A7 hereI'n shall be released on ba" on hl's executing a personal bond for Rs.20,OOO/- (Rupees {wen{y thousand only) wI-{h two (o2) sureties for a lI'ke Sum each to the satisfaction of the learned Add['tI|Onal Judl-cl'a' Fjrs{ CIass Magistrate, vizianagaram; j[|) After release, the petitioner sha" a{{end before the s{atjon House officer concerned once in a for{nigh{ jn between 10.00 am {o o1.00 pm for a Period Of three (03) months,- and jill) that the pe{jtioner Its dI'reCted not to hamper the I'nVeStiga{ion and tamper with investigation. /,.` /. the prosecution witnesses and shall cooperate for //TRuE eOPY// SD/- K.SRINIVAStJ3`. RA.llJ ASSISl`AFtT _RL*9;:,TRAR A SECTION OFFiCEF3. Tot 1. The Additional Judicial First Class magistrate, Vizianagaram. 2. The I Additional District & Sessiorls Judge -Special Judge Court at Vizainagaram. 3. The Superintendent, Central Prison, Visakhapatnam. 4. The Station House Officer, ll Town Police Station, Vizianagaram, Vizianagaram District. 5. One CC to SRI. MANGENA SREE RAMA RAO Advocate [OPUC] 6. Two CCs to PUBLIC PROSEC!`_JTOR, High Court ofAndhra Pradesh. [OUT] 7. One spare copy 5:feT__I L<._C I,I I HIGH COURT TMR, J DATED.I 16/06/2O25 BAIL ORDER CRLP.No.5734 of 2025 ALLOWED ##ae,1-:..L. •l I \uN \\\\