Velankula Mahesh Alias Nalla Mahesh v. The State of Andhra Pradesh
CRLP/6720/2025 · 2025-07-09
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23221 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23221 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
~__t`- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY *#r! TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6720 OF 2025 Betwee n : Velankula Mahesh @ Nalla Mahesh, S/o. Late Suribabu, Age 23 years, C/ Settibalija, D.No. 6-215/35, Peda Garuvu, Postal Colony, Sarpavaram Village, Kakinada Rural Mandal. ...Pet-ltioner/Accused No.1 AND The'State of Andhra Pradesh, through the Station House Officer, Sarpavaram Police Station, Kakinada District, Represented by Public Prosecutor, High court of Andhra Pradesh. ...Respondent Petition under Section 480 & 483 of BNSS (Old Section 437 and 439 of Cr.P.C.) is filed pray-lng that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to grant him bail on such terms and conditions as deemed fit directing his enlargement in crime No.194 of 2025 of Sarpavaram Police Station. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of SRI DUGGIRALA SUBASH Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following
ORDER:
ORDER: This Criminal Petition u/Sec|480 and 483 of B.N.S.S. has been filed by the petitioner/Al seeking regular -bail in cr.No.194/2025 ~of Sarpavaram Police Station, Kakinada District. 2. The above said crime was registered against the petitioner and others for the offence punishable u/sec.8(c) I/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short f{he NDPS Act]). 3. Case of the prosecution, in brief, is that, on 15.5.2025 at 9.00am, on receipt of credib-Ie information about illegal possession and transportation of ganja, the S.I of police, secured the presence of his staff and mediators and rushed to D,No.6-215/35, P6da Garuvu, Postal Colony, Sarpavaram Village, Kakinada Rural and found four persons in suspicious circumstances. on seeing police, they tried to escape. Then POIice apprehended them and on enquiry, they disclosed their identity particulars as that of Al to A4 and police found 4 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and other material and sent the accused to court for judicial remand. 4. Learned counsel for the petitioner contended that even according to the case' of the prosecution, the petitioner was arrested when he was found in possession of 4 kgs of ganja, which is non-commercial quantity and the petitioner is languishing in jail fFoqinfro 15.5.2025 and prays to allow the criminal petition. / .___..__ _----/ a- :
3. 5. On the other hand, le.arned Assistant Public Prosecutor opposed for grant of bail to the petitioner but fairly conceded that the contraband seized is small quantity. He further submitted that the petitioner had no previous antecedents. 6. Heard both sides. 7. I 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 is 4 kgs of ganja which is not commercial quantity. The petitioner has been in J'udiCial Custody from 15.5.2025 and he is permanent resident of Sarpavaram Village, Kakinada Rural .Mandal. 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 accLlsed would not cause hampering of investigation.
As most of the investigation might have been completed and the petitioner had permanent abode and there is no possibility of him fleeing away from justice, as such, this Court is I inclined to grant bail to the petitioner. ll. ln the result, the criminal pe{i{ion is allowed with the following conditions: i. The petitioner/Al herein shall be released on bail on his . executing a personal bond for Rs.20,000/-(Rupees twenty thousand only) with two (o2) sureties for a like sum each to the satisfaction of the learned special Mobile Judicial Magistrate of First Class, Kakinada;
ii) After release, the petitioner shall attend before the station House Officer concerned once in a week i.e., on every sunday between 10.00 am to o1.00 pm for a period of three (03) months; and iii) that the petitioner is directed not {o hamper the investigation and tamper with the prosecution witnesses. SD/-U. SRIDEVI //TRUE COPY//For I ASSISsTEAcNTZ#:lFSFICR:RR To,
1. The Station House Officer, Sarpavaram Police Station, KakI'nada District. 2. The Special Mobile Judicial Magistrate of First class at Kakinada. 3. The Superintendent, central Prison, Rajamahendravaram. 4. One CC to SRI. DUGGIRALA SUBASH, Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT]
6. One spare copy KN
HIGH COURT TMR,J DATED: 10/07/2025
ORDER CRLP.No.6720 of 2025 ALLOWED