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2025 DAILYLAW 22747 (AP)

Nalluri Rajasekhar, v. The State of Andhra Pradesh

CRLP/6619/2025 · 2025-07-08

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

~ [3369] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATlp WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 6619 OF 2025 Betwee n : Nalluri Rajasekhar, S/o. Venkateswarlu Aged 37 Years, R/o. Uppugunduru Village, Naguluppalapadu MandaI, Prakasam District. Petitionel'/Accused AND The State ofAndhra Pradesh, Rep by its PublI-C Prosecutor High Court ofAndhra Pradesh at Amaravati Through the Stall-On House Officer N. G. Padu Police Station, Prakasam District: Respondent/Complainant Petition under sections 480 & 483 of BNSS (old SectI-OnS 437 & 439 of Cr.P.C), praying that l'n the circumstances stated in the affidavit filed in support Of the Criminal Petition, the High Court may be pleased to enlarge the Petl®tioner/Accused on bail in connection with crime No. 72 of 2025 on the file of the N. G. Padu Police Stall-on, Prakasam DistITl-Ct I-n the interest of justice. The petition coming on for hearing, upon perusing the petition and the grounds filed Ion support thereof and upon hearing the arguments of sri SHAIK JAHANGEER BASHA, Advocate for the petitl-oner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; //, // APHCO10320992025 IN THE HIGH COURT OF ANDHRA PRAD-ESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6619 OF 2025 Between: 1.NALLURI RAJASEKHARH S/O. VENKATESWARLU AGED 37 YEARS, R/O. UPPUGUNDURU VILLAGE, NAGULUPPALAPADU MANDAL, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor High Court of Andhra Pradesh at Amaravati Through the 'station House Officer N. G. Padu Police Station, Prakasam 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 may be pleased to enlarge the Petitioner/Accused on bail in connection with crime No. 72 of 2025 on the file of the N. G.Padu Police Station, Prakasam District in the interest of justice and pass Counsel for the Petitioner/accused: 1. SHAIK JAHANGEER BASHA 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/sole accused seeking regular bail in cr.No.72/2025 of N.G.Padu Police Station, Prakasam District. r: --_-.---a ___--I--L'----J'J'--+ ''_JT / i \+ 2. The above said crime was registered {?gainst the petitioner for the offences punishable u/Secs|8(c) r/w 20(b)(ii)(l3) of the Narcotic Drugs and psychotropic substances Act, 1985 (for shorfjthe NDPS ActJ). 3. Case of the prosecution, in brief, is that, on 20.5.2025 at ll.00am, on receipt of credible information aboLlt illegal possession and transportation of ganja, the s.I of police, secu+ed the presence of his staff and inediators and rushed near veterinary h¢spitaI, Chadalavada Village and found the accused and on enquiry,I he disclosed his identity particulars and police found 2 kgs of ganja in his possession. Then police arrested the accused, seized the contraband land other material and sent ccused to Court forjudicial remand. Learned counsel for the petitioner contends that even according to the case of the prosecution, the petitioner Was arrested when he was found in possession of 02 kgs of ganja, Which is a non-commercial quantity and the petitioner is languishing in jalil from 21.5.2025 and prays to allow the criminal petition, I 5. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail {o the petitioner on the groinnd that the petitioner is a habitual offender and 10 crimes were register6d against him, however, he conceded that, the out of 10 crimes, he was acquitted in 6 crimes and 4 Crimes are Pending. 6. Heard bc;th sides. 7. Perused the entire material on record. (-33 8. Considering the fact that quantity involved is non-commerc[-al quantity and considering the remand period, {hjs court feels that most of the investigation has been completed and further detention of the petitioner is not required and reasons need not be reported as contemplated under sectI'On 37 of the NDPS Act. It is submitted that the petitioner has got permanent abode and there is no possjbjlity of his f[eejng away from justice and the release of the petitioner would not cause {amperI'ng of evidence and hamperl'ng of investigation. considering the entire material on record, thl's court is jnc[ined {o grant bail to the petitioner with some conditions. 9. In the result, the criminal petition is allowed with the following conditions: i. The petitioner herein/sole accused shall be released on ba" on his executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with two (o2) sureties for a like sum each to the sat['sfaction of the leamed special Judicial Magistrate of I class Gum Excise court, ongole; ii) After release, the pe{i{ioner sha" attend before the station House officer concerned twice in a week i.e., every wednesday and sunday in between 10.00 am to o1.00 pm for a period of three (o3) months; and iii) that the petitioner js directed not to hamper the inves{igat,Ion and tamper with the prosecution witnesses. SD/-U. SRIDEVI For. //TRUE COPY// ASSISTANT GISTRAR SECTION OFFICER _______ ______ _I | .I / To, I 1. The Special Judicial Magistrate of I ClasS', Magistrate Gum Excise Court, Ongole. I 2. The Special Court, Designated for Trial of Offences under the Narcotic Drugs and psychotropic substances Act,I 1985-Gum-I Additional District & Sessions Judge, Prakasam District at ()ngole. 3. The Superintendent, District Jail, Prakas±lm District at Ongole 4. The Station House Officer, N. G. Padu P{,lice StatI'On, Prakasam District 5. One CC to SRI. SHAIK JAHANGEER Bf\SHAAdvocate [OPUC] 6. Two cos to Public Prosecutor, High Coult ofAP [OUT] 7, One spare copy I KJ HIGH COURT TMR,J DATED :09/07/2025 BAIL ORDER CRLP.No.6619 of 2025 ALLOWED