APHC010324102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF JULY | TWO THOUSAND AND TWENTY FIVE • PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6672 OF 2025 Between: SeeraThalupulunaidu @ Billa @ Bilder, S/o. Krishna Babu R/o. Dwarakanagar Village, Thatiparthi Panchayat, Anakapalli District. Aged; 32 years V.Madugula Mandal ...Petitioners/A2 AND The State of Andhra Pradesh Court of A.P., Amaravati, Through Station House Officer V.Madugula Station. represented by its Public Prosecutor, High Police ...Respondent Petition under Section 437 and 439 of Cr.P.C (Old Act) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A.2 on Regular Bail in connection with Crime No.63/2017 the file of V Madugula Police Station, dated 18.07.2017. Counsel for the Petitioner: SRI CHALAMALASETTI ANIL KUMAR Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following order: // / APHC010324102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6672/2025 Between: ...PETITIONER/ACCUSED Seerathalupulunaidu Alias Billa Alias Bilder AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.CHALAMALASETTI ANIL KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has beeafiled under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’) Sections 480 and 483 of the Bharatiya Nagarik SurakSha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Crime No.63 of 2017 2 * of V.Madugula Police Station, Visakhapatnam Rural, registered for the offences punishable under Sections 20B(1) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’) The case of the prosecution, in a nutshell, is that on 18.07.2017 on 2. credible information about illegal transportation of ganja, the ASI of police along with staff reached at Sankaram Junctiion, Near Kasipuram Village V.Madugula Mandal and stopped one auto bearing No.AP-31-TG-2671 and on search in the auto they found 200 kgs of ganja. Then the ASI arrested the accused and seized 200 kgs ganja and other materials. Heard the learned counsel for the petitioners and the learned Assistant 3. Public Prosecutor for the respondent/State. Perused the material on record. Sri Chalamalasetty Anil Kumar, the learned counsel for the 4. petitioner/accused No.2, submits that the petitioner/accused No.2 had not committed any offence and he was falsely implicated in this case. The petitioner is the sole breadwinner of his family and he was arrested on 20.05.2025. Hence, he prays that the petitioner be enlarged on bail. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor 5. opposed in granting of bail stating that the investigation is not completed and . 200 kgs of ganja is huge commercial quantity; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. After thorough investigation, the Investigating Officer filed a charge sheet before the Competent Court. The case was taken up as NSC No.618 of 2017. A Non-Bailable Warrant (NBW) was issued against the petitioner/accused No.2, who is alleged to be involved in an offence punishable under Section 20B(1) read with Section 8(c) of ‘the NDPS Act’. The alleged contraband involved is 200 kgs, which constitutes a commercial quantity. The petitioner was arrested on 20.05.2025 pursuant to the execution of the NBW issued against him. As the Investigating Officer was unable to trace the petitioner/accused No.2 at the time, a charge sheet was filed showing the petitioner as absconding. The matter is now at the stage of 6. consideration of charges. In view of the gravity and nature of the allegations made against the petitioner, his alleged involvement in the possession of 200 kgs of contraband, and the stage of the proceedings, this Court is of the view that the petitioner is not entitled to be granted bail at this juncture. The petitioner is required to face trial. Securing his presence before the learned Trial Court for the conduct of 7. trial would be difficult if he is enlarged on bail. The learned I Additional District & Sessions Judge-cum-Special Judge for trial of offences under the NDPS Act. Visakhapatnam, has also opined that ensuring the petitioner's presence during trial would be difficult if he is released on bail. 8. Considering the above facts and circumstances, this Court finds merit in the present petition. Accordingly, the Criminal with a direction to the learned I Additional District Special Judge for trial of offences under ‘the NDPS expedite the trial and preferably conclude it within no Petition is dismissed, & Sessions Judge-cum- Act’, Visakhapatnam, to ’ a period of nine (9) months. 9. With the above observations and directions dismissed. this Criminal Petition is As a sequel thereto, the miscellaneous petitions. Criminal Petition shall stand closed. if any, pending in this Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The I Additional District and Sessions Judge - Special Judge for Trial Offences under NDPS Act, Visakhapatnam. 2. The Judicial First Class Magistrate, V.Madugula, Visakhapatnam District. 3. The Station House Officer. V Madugula Police Station, Visakhapatnam Rural. 4. One CC to Sri. Chalamalasetti Anil Kumar, Advocate [OPUC] 5. Two CCs to Public Prosecutor. High Court of Andhra Pradesh [OUT] 6. Three CD Copies To, of RDB sree HIGH COURT DATED:28/07/2025 S 2 1 aU6 2025 ^ WCurremSecHon . ^ ORDER CRLP NO. 6672 OF 2025 DISMISSING THE CRIMINAL PETITION