\`.I lN THE HIGH COURT OF ANDHRA PRADESH AT AM MONDAY ,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO '~ CRIMINAL PETITION NO: 6788 OF 2025 Betwee n : Chintalapudi Lavanya Venkata Satya Kumar, S/o Venkata Janardhanarao, aged 26 years, Pv{., employee, FA-126, Auto Nagar, BHPV Post, Pedagantyada, Visakhapatnam City. Petitioner/Accused No.2 AND The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. Respondent Petition under Section 437 & 439 of Cr.P.C & New Section 480 & 483 of BNSS, 2023 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 petitioner / Accused No.2 on bail 'In connection With Crime No. 216 / 2025 dated: 12.05.2025 Under Sections 22 (b) r/w 8(C) of NDPS Act. on the file of Gajuwaka Police Station, Visakhapatnam Commissionerate District. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the argum.ents of Sri K K KOMALAN Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. I - .I .|`_ + . I,r' --,:.`THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO •\ |' -, +_ CRIMINAL PETITION No:6788/2g2§ oRbER:4 The Criminal PetI'tiOn has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSSJ), seeking to enlarge the petitioner/Accused No.2 o®n bail in Cr.No.216 of 2025 of GaJ'uWaka Police Station, Visakhapatnam Commissionerate District, registered against the petitioner/Accuse'd No.2 herein for the offence punishab®Ie un-der Section 22(b) read with 8(c) of the Narcotic Drugs and Psychotropic Substances` Act, 1985 (for brevity fthe NDPS ActJ). 2, Material averments stemmI|ng from the Prosecution are that On 12.05.2025 a{ around 10:00 hours, Sub-Inspector, M. Bharath Kumar Raju (Sl- 577) of the CI-ty-Task Force Police Station, Visakhapatnam City, received credible information regarding illegal possession and transportation of Methylene Dioxy Me{hamphetamine (MDMA) narcotic substance. Acting on the said intelligence, he intI'mated the matter tO the Inspector of Police, Gajuwaka Police Station, Visakhapatnanl City. Consequently, the Inspector deputed Sub-Inspector T. Ravi Kumar (SI-543) to take immedI'ate action. The said officer secured the services of two mediators, having requisitioned assistance from the MandaI Revehue Officer, and duly brI'efed them On the factual matrix of the case. Upon receiving their consent to act as mediators, sI Ravi 'Kumar proceeded to the indicated location. accompanied by staff members HC-2867, PC-3006 (from City Task Force P.S.) and PC-4067, PC- 4089 (from Gajuwaka P.S.). The police party arrived at Q.No: SEA-126, Near SRMT, Auto Nagar, Gajuwaka, Visakhapatnam City, and observed two individuals carrying travel bags. Upon sighting the police personnel, the said individuals attempted to flee but were apprehended immediately. Upon interrogation and verification, they were ident'lfied as Accused No.1/KondapaIIi Tarun Kumar @ Bannu, S/o Sattibabu, aged 24 years, R/o D.No: 5-29-5, SFA- 121, Auto Nagar, Gajuwaka; and Accused No.2/Chintalapudi Lavanya Venkata satya Kumar, S/o Janardhan Rao, aged 26 years, R/o D.No: SEA-126, Near SRMT Auto Nagar, Gajuwaka. The remaining accused, namely Accused No.3/Ravi Teja (Cell: 9380413061), and Accused No.4/Hitesh (Cell: 9481313111), were found absconding and could not be apprehended at the scene. During the course of search conducted in the Presence Of medi`atOrS, four small packets containing MDMA drug weighing approximately 2.40 grams (total value €14,400/-) were recovered from Accused No.1. Additionally, an Apple Android mobile phone was seized from Accused No.1, and a Nothing brand mobile phone from Accused No.2. The contraband and electronic items were seized under the cover of a mediators' report, and the accused were taken into custody for further investigation. 3. Heard learned counsel for the pet'ltiOner and the learned Assistant - Public Prosecutor. Perused the record. 4. Sr|l K.K.'Komalan, the leamed counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by ._,? ~ii_A ' I- 4 the poll'ce lln the crime; petitioner is the sole breadwinner; petitioner wouldt) abide by any conditI-OnS tO be I'mPOSed by th['s Court,- and urged to allow the petjtjon. 5. Per confra, Ms. Mr.NeelotphaI Ganji, the learned Assistant public prosecutor, opposed I'n granting of ba" s[atI'ng that some more materI|aI witnesses have to be examined; [|nvestigatI'On is not completed,I if the petjtjoner is enlarged on ba" he would not be available for the jnves{I|gatiOn and he would escape from the clutches of law; and it is urged to dismI'SS the bat-I peti{jon. 6. As seen from the record, the pet['tjoner/Accused No.2 was indulged in transportation and possess[-on of 2.4 gram of MDMA, which js non-commercial quan{jty. The petjtjoner has been languI-Shjng in the jail since 12.05.2025 onwards, nearly 70 days he has been I'n the judicja[ custody. The jnvestI®gatjng officer has not filed charge sheet in this case. 7. The record reveals that based on the confession of the Accused No.1, the present pe{itjoner is shown as Accused No.2. Even though the petitioner has got one antecedent as reported by the learned Ass]-slant public prosecutorlhe pe{I'tiOner has been jn the judicI-al custody for the last 70 days and the investigation js not completed and the chargesheet js not fI-led. 8. Keeping in view of the period ofdetent]'on undergone bythe petitioner I-n J-ud[-Cial Custody for more than 70 days, the nature and gravI'ty Of allegation levelled against the petitioner, and his alleged role played in the caseJ thI'S rsliEEEE court is inclined to enlarge the petitioner on bail With the following Stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a perso.nal bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned Ill Additional Chief Judicial Mag|lstrate, GaJ'uWaka. ii. The petitioner/Accused No.2 shall appear before the Station House Officer, Gajuwaka Police Station, Visakhapatnam commissionerate District, on every Saturday in between 10:00 am and o5:00 pm, till cognizance is taken by the learned the Trial Court' iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the learned lll Additional Chief Judicial Magistrate, Gajuwaka. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and whe'n required. vi. The pet-ltioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person _ __ acquainted with the facts of the case so as to dI-SSuade him/her from disclosing such facts to the court or to any police officer. vii. The petitioner shall surrender his passport, if any, to the investigatI-ng Officer. lf he claI'mS that he does not have a Passport, he shall submI't an affidavit to that effect to the Investigating offl'cer. 9. Accordingly, the criminal petition I-S allowed. For To, t\ \ •\ //TRUE COPY// ASSl SD/-G.HELANAI_nU' ISTRAR FFICER 1. The Ill Addl. Chief Judicial Magistrate, Gajuwaka, Visakhapatnam District. 2. The Superintendent, central Prison, Visakhapatnam District. 3. The Station House Officer, Gajuwaka Police Station, Visakhapatnam c`ommissionerate District. 4. One CC to SRl. K K KOMALAN Advocate [OPUC] 5. Two cos to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]- 6. One spare copy I- |. - r \ HIGH COURT DR.YLR,J DATED:21/07/2025 BAIL ORDER CRLP.No.6788 of 2025 ALLOWED I...:...:..I-i;:i..`:I