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2025 DAILYLAW 23534 (AP)

Kondapalli Tarun Kumar @ Bannu, v. The State of Andhra Pradesh

CRLP/6891/2025 · 2025-07-10

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

. / / I/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE ELEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :+PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PE"TION NO: 6891 OF 2025 `_~-1,+7,`:;?`Lf4_f)} Betwee n -. Kondapalli Tarun Kumar @ Bannu, S/o. Sattibabu, aged about 24 years, R/o. D.No.5-29-5, Quarter No.SEA-121, Near SRMT, Autonagar, Gajuwaka, visakhapatnam, v'lsakhapatnam District, A.P. ...petitioner/Accused No.1 •AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent/Complainant `-i-', petition under section 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), praying that in the c-lrcumstances stated in the memorandum of grounds filed in support of the crim'lnal petition, the High Court may be pleased to enlarge the pet-ltione<+/Accused No.1 on ba" pending disposal of crime No.216/2025 of Gajuwaka P.S., Visakhapatnam District. counsel forthe petitioner : sri Gollapalli Maheswara Rao counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER: .` ` - I a IRE ORDER: This Criminal Petition u/see.480 and 483 of B.N.S.S. has been filed by the petitioner/Al seeking regular bail in cr.No.216/2025 of Gajuwaka Police Station, Visakhapatnam commissionerate. 2. The above said crime was registered against the petitioner and oth.ers for the offence punishable u/Sec.22(b) r/w 8(c) of the Narcotic Drugs and Psychotropic substances Act, 1985 (for short ithe NDPS Act'). 3. Case of the prosecution, in brief, is that, on 12.5.2025 at 10.00am, on receipt of credible information about illegal possession and transportation of ganja, the S.I of police, secured the presence of his staff and mediators and rushed to Autonagar, Gajuwaka, visakhapatnam~and found two persons under suspicious circumstances. on seeing police, they tried to escape. Then police apprehended them and on enquiry, they disclosed their identity particulars as that of Al and A2 and police found 2.4 gms of MDMA. Then police arrested the accused, seized the contraband and other material and sent the accused to court for J'udiCial 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 2.4 gms of MDMA, which is non-commercial quantity and the petitioner is languishing in jail from 12.5.2025 and prays to allow the criminal petition. 'u` < }€33y, 8S 5. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail to the pet'ltioner but fairly conceded that the contraband seized is small quant'lty. 6. Heard both sides. 7. Perusedthe entire mater'lal On record. 8. Learned counsel for the Pet'ltiOner Submitted that the contraband alleged to be seized from the possession of the petitioner is 2.4 gms of MDMA which is not commercial quantity. The petitioner has been in judicial custody from 12.5.2025 and he is Permanent reS'Ident Of Gajuwaka. 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 inVeStigat-Ion. As most of the inVeStigat|lOn m'lght have been completed and the petitioner had permanent abode and there -ls no possibil'lty of him fleeing away from justice, as such, this court is inclined to grant bail to the petitioner. ll. ln the result, the Criminal Pet'l{iOn iS allowed With the following condit-Ions: i. The petitioner/Al herein shall be released On bail On his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two (o2) sureties for a like Sum each tO the SatiSfaCt'lOn Of the learned I Additional District & Sessions Judge-Special Judge for Trial of offences under NDPS Act|, cz2Z3fa _ _ ., - 4 ch` 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 (o3) months; and iii) that the pe{i{ioner is directed not to hamper the investigation and tamper with the prosecution witnesses. sD/-U. SRIDEVl //TRUE COPY// FoH ASS`SsTEAcNTT#G:::lRcAERR To, 1. The I Additional District & Session Judge-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam. 2. The Superintendent, central prison, visakhapatnam, visakhapatnam District. 3. The Station House Officer, Gajuwaka Police Station, Visakhapatnam Commissionera{e. 4. One CC to Sri GollapalII- Maheswara Rao, Advocate [OPUC] 5. Two CCs to Public Prosecri-{6r, High Court ofAndhra Pradesh [OUT] 6. One spare copy CVSS EZ( HIGH COURT TMR,J DATED: ll/07/2025 BAIL ORDER CRLP.No.6891 of 2025 ALLOWED --.-_=\-_..`tt+_` I+rr -ri I+; -:-_3 I f|.`t:fi-ityreLae pr..,. -