[3369] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA WEDNESDAY ,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6638 OF 2025 Between: 1. Donaka Keer{hi Raj Kumar, S/o Jaya Kuma.r, aged 22 years, R/a Donaka Street, Kurupam Village & Mandal, Parvathipuram, Vizianagaram District. 2. Porapu Amar, S/o Poli R.aju, aged 24 years, R/o Donaka Street, Kurupam Village & MandaI, Parvathipuram, Vizianagaram District 3. Meesala Akhil, S/o Muraii, aged 21 years, R/o Gandhinagar Street, Kurupam Village & Mandal., EarvJathipuram, vizianagaram District Petitioners/Accused No.1 to 3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. Respondent/Complainant petition under section 480 & `483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to.:release the petitioners/Accused no.1 to 3 on bail in Cr.No. 76 of 2025, on the`fiTe of the Bondapalli Police Station. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of ! Sri BONU RAMA SHANKAR FRAO Advocate for the Petitioner, PUBLIC ```± \ PROSECUTOR (AP) for the Resba`hdent and the Court made the following. 3 ORDER: This Criminal Petition u/Sec.48O and 483 of B.NIS.S. has been filed .`\ ®, .f - -,i. J2 petitioners/Al tp A3 seeking,`regul?r bail in Cr.No.7?/2P`25 of Bondapalli, Vizianagaram. A j,,2`. `` The above said.crime was registered against the Petitioners 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 fthe NDPS Act'). 3. Case of the prosecution, in brief, is that, On 27.6.2025 at 4.15pm, on receipt of credible inform`ation about illegal possession and transportation of ganja, the S.I of police, secured`the presence of his staff and mediator,a and rushed to Gotlam village bye-pass road junction, Gotlam Village and found three persons in susp'lcious circumstances, On seeing police, they tried to escape. Then police apprehended them and on enquiry, they disclosed the'lr identity particulars as that of Al to A3 and police found 1.02 kgs of ganja in their possession.-. Then police arrested the accused, seized the contraband ,and other material and sent the accused to court for judic'lal remand. They confessed the involvement of other accused in the commission of the offence. 4. Learned counsel for the petitioners contended that even according {o the case of the prosecution, the petitioners were arrested when they were found in possession of 1,02 kgs of ganja, which is non-commercial ``- ~- -I--r= & .I - --I,3._ _I- . quantity and the lpetitioners- are laflguishing in jail from 27.6.2025 and prays to allow the criminal 'petition.I 5. On the other hand,-learned Assistant Public Prosecuto,I opposed for grant of bail {o the petitioners but fairly conceded {ha{ the contraband seized is small quantity. He further submi{fed that the petitioners had no previous antecedents. 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of the petitioners is 1.02 kgs of ganja which is not commercial .quantity. .The petitioners have been in judicial custody from 27.6.2025 and they are permanent residen-ts of Parvathipur'am, Vizianagaram District. .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 be official witnesses and the release of the accused would not cause hampering of investigation. As most of the investigation might have been completed and the petitioners had permanent abode and there is no possibility of their fleeing away from justice, .as such, this Court is inclined to grant bail to the petitioners, ll. ln the result, the criminal petition is allowed with the following conditions: i. The pe`titioners/Al to A3 herein Shall be released on baiI'on their `. executing a personal bond for Rs.10,OOO/-(,Sup-ees ten thousand only) J es-fe=-A .`` ~- ` each with two (02) sureties for a like sum each to-the satisfaction of the learned Judicial First Class Magistrate, Gaja.pathinagaram; ii') After release, the petitioners 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 tamper with the prosecution witnesses. To] E| EJ ll±FouE COPY Il For SD/- K.SRINIVASA RAJU ASSISTANT RE SECTION OFFICER 1. The Judicial First class Magistrate, Gajapathinagaram. I 2. The Station House Officer, Bondapalli Police Station, Vizianagaram. 3. One CC to SRl. BONU RAwiA SHANKAR RAO Advocate [OPUC] 4. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 5, One spare copy ''r± €.tv -._.-..tLi .`-` i-T •. i ,I. =E= \` HIGH COURT TMR,J DATED:09/07/2025 BAIL ORDER CRLP.No.6638 of 2025 ALLOWED