[3369] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 5744 OF 2025 Betwee n : Kalyan Khora, s/o Jagu Khora, Age about 24, Erukujeera vI'IIage, Chatwa Padua, Koraput DI-Strict, Odisha State. Ph. 9392645303. Aadhar No. 4371 34264547 Petitioner/Accused-2 AND The State of Andhra Pradesh, ReP``. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravatj. Respondent/complainant Petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) prayI'ng that I'n the cl-rcumstances stated in the affidavit filed in support of the criminal Petition, the HI-gh Court may be pleased to release the petitioner/Accused-2 on baI-I in Cr.No. 27 of 2025 of Araku Poll-Ce Station, AIluri Seetha Rama Raju District COUNSEL FOR THE PETITIONER : SRl. KAKUMANU JOJI AMRUTHA RAJU COUNSEL FOR THE RESPONDENT .I PuBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER tsgEEseEERE5REE8EEEap APHCOI O277892025 lN THE Hl,GH COURT OF ANDHRA PRADESH AT AMARAVATl (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: 5744/2025 Between : Kalyan Khora, The State Of Andhra Pradesh AND ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU 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 petitioner/A2 seeking regular bail in Cr.No.27/2025 of Araku Police Station, ASR District. 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 01.5.2025 at 9.00 pm, on receipt of credible information about illegal possession and transportation of ganja, the Sub Inspector of police, _-J`ct-- e a i-1 a along with his staff and mediators rushed to Railway Station Junction, Araku valley, and found two persons in suspicious circumstances. On seeing police, they tried to ran way. Then police apprehended them and on questioning, they disclosed their identity particulars as that of Al and A2 and police found 10 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. 4. Learned counsel for the petitioner/A2 contended that even according to the case of the prosecution, the petitioner was arrested when himself and another person was found in possession of 10 kgs of ganja, which is a non-commercial quantity and the petitioner is languishing in jail from 01.5.2025 and prays to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail to the petitioner but fairly conceded that the contraband seized is below commercial quantity. He further submitted that the petitioner has no previous antecedents. 6| Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioner submitted that the contraband alleged to be seized from the possession of the petitioner/A2 and another person is only 10 kgs of ganja which is not commercial quantity. The petitioner has been in judicial custody from 01.5.2025 and he is a permanent resident of Erukujeera Village, Koraput DistrictJ Odisha. As the contraband seized is not of commercial quantity, no reasons need to be recorded as contemplated under Section 37 of the NDPS Act. Most of the witnesses are shown to b'e official witnesses and the release of the accused would not cause hampering of investigation and tampering of evidence. As most of the investigation might have been completed and the petitioner has permanent abode and there is no possibility of his fleeing away from justice, as such, this Court is inclined to grant bail to the petitioner. 9. ln the result, the criminal petition is allowed with the following conditions: i. The petitioner/A2 herein shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Visakhapatnam; ii) After release, the petitioner shall attend before the station House Officer concerned once in a fortnight in between 10.00 am to 01.00 pm for a period of three (03) months; and iii) that the petitioner is directed not to hamper the investigation and temper with the prosecution witnesses and shall cooperate for investigation. //TRUE COPY// SD/-N.NAGAMMA ASSISTANT REGISTRAR / ``_` J,I;Z;i/ For ASSISTANT REGISTRAR 1. The I Additional District & Sessions Judge, Visakhapatnam 2. The superintendent, Central Prison, Visakhapatnam 3. The Station House officer, Araku Police Station, Alluri Seetha Rama Raju District 4. One CC to SRl. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy To] HIGH COURT TMR,J DATED: 16/06/2025 BAIL ORDER CRLP.No.5744 of 2025 ALLOWED