APHC010312072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6385 OF 2025 Between: Perumala Prakash alias P.Jaya Prakash, S/o. late Perumal, aged about 35 years , R/o. Kalapambatti Village, Neelabatti (M), Madhurai District, Tamilnadu State. ...Petitioner AND The State of Andhra Pradesh through Station House Officer, Chintapalli Police station. Rep., by its Public Prosecutor, High Court of Andhra Pradesh Amaravathi Guntur District. ...Respondent Petition under Section 480 & 483 of BNSS - 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to release the petitioner/ A1 on bail in connection with Crime No 49 of 2010 of Chinthapalli Police Station Visakhapatnam District under Section of .20(b)( II )(B)r/w8(C) NDPS Act 1985 dated 14-07-2010. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. Pridhvi Raju, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following order: r APHC010312072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6385/2025 Between: PERUMALA PRAKASH ALIAS P. JAYA PRAKASH, S/0 LATE PERUMAL, AGED ABOUT 35 YEARS, R/0 KALAPAMBATTI VILLAGE, NEELABATTI(M), MADHURAI DISTRICT, TAMILNADU STATE ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH THROUGH SHO CHINTAPALLI POLICE STATION, Rep,by its Public Prosecutor ,High Court of Andhra Pradesh Amaravathi Guntur district ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to release the petitioner/ A1 on bail in connection with crime no 49 of 2010 of Chinthapalli police station Visakhapatnam district under section of .20(b)( E )(B)r/w8(C) NDPS Act 1985 dated 14-07-2010 and pass Counsel for the Petitioner/accused: K PRIDHVI RAJU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR.J CRL.P No.6385/2025 H ■ The Court made the following ORDER; The Criminal Petition has been filed under Sections 480 & 483 of the i Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/AccusedNo.1 on bail in Cr.No.49 of 2010 of Chintapalli Police Station, Visakhapatnam District registered against the petitioner/Accused No.1 herein for the offence punishable under Section 8(c) read with 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution in nutshell is that, on 14.07.2010 at about 18:00 hours, the Sub-Inspector of Police along with his staff visited Sathakampattu Veedhi, Main Road, Chinthapalli Mandal, and found Accused Nos.1 to 4 coming from Chowdapalli Village along with six bags. On seeing the police. Accused Nos.1 to 4 tried to abscond with the six bags, however, the Police caught them. The police searched the bags and found total 60 kgs of Ganja, one Lova Cell Phone, One Nokia Cell Phone and cash of Rs.5,760/- in the possession of Accused Nos.1 to 4. The accused stated that they transporting Ganja in the bags. The police seized six bags of Ganja, one Lova Cell Phone, One Nokia Cell Phone and cash of Rs.5,760/- from the possession of the Accused Nos.1 to 4 and registered a case. are 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3 r Dr.YLR.J CRL.P.No.6385/2025 Sri K. Prudhvi Raju, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged to allow the 4. petition. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner is habitual offender, some more material witnesses have to be examined; investigation is not completed; ij I if the petitioner is enlarged on bail, hewould not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 5. In this case, as per the version of the prosecution, the learned Trial Court issued schedule, but it was cancelled for obvious reasons. As per the order dated 08.05.2025, the learned Trial Court ordered for issuance of fresh schedule as the case property was not readily available. The schedule starts from next date of hearing i.e., on 27.05.2025 on the file of the I Additional District & Sessions Judge-Cum-Special Court for ‘the NDPS’ Cases, Visakhapatnam. The petitioner has been in the judicial custody since 27.05.2025 as the petitioner/Accused No.1 was indulged in possession and transportation of commercial quantity of Ganja (60 kgs). The petitioner was arrested pursuant to issuance of Non-Bailable Warrant by the learned Trial Court as he did not appear before the learned Trial Court for regular 6. 4 Dr YLR.J CRL.P.No.6385/2025 adjournments. If the petitioner is enlarged on the bail, getting presence of the petitioner would be difficult and it will stall the Trial proceedings further. Therefore, there are no merits in the criminal petition. Accordingly, the Criminal Petition is dismissed. However, the learned I Additional District & Sessions Judge-Cum-Special Court for the NDPS Cases, Visakhapatnam,is directed to expedite the trial and complete the same as early as possible, preferably within a period of three (3) months. 7. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER The Station House Officer, Chinthapalli Police Station, Visakhapatnam District. One CC to Sri. K. Pridhvi Raju, Advocate [OPUC] Two CCS to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] Two C.D Copies. To. 1. 2. 3. 4. SSL sree HIGH COURT DATED:21/07/2025 ORDER CRLP NO. 6385 OF 2025 I 1I2 AUG 2025 'f ^ . Current Seciion DISMISSING THE CRIMINAL PETITION