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2025 DAILYLAW 23878 (AP)

MADULA BABU RAO v. THE STATE OF ANDHRA PRADESH

CRLP/5419/2024 · 2025-02-18

K Sreenivasa Reddy

body2025

Judgment text

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APHC010336902024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO Between: 1. MADULA BABU RAO, S/O. LAKSHMAYYA, AGED ABOUT 36 YEARS,KOTHAVEEDHI, BHEERAM PANCHAYATHI, G.MADUGULA MANDALAM, ANARBHA POST, NUMATHI, ALIURI SEETHA RAMA RAJU DISTRICT AADHAR NO. 842698956815 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of A.P.Amaravathi Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Section 48 Suraksha Sanhita, 2023, has been filed by the petitioner/ anticipatory bail, in Crime No. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO. 5419 OF 2024 MADULA BABU RAO, S/O. LAKSHMAYYA, AGED ABOUT 36 YEARS,KOTHAVEEDHI, BHEERAM PANCHAYATHI, G.MADUGULA MANDALAM, ANARBHA POST, NUMATHI, ALIURI SEETHA RAMA RAJU DISTRICT AADHAR NO. 842698956815 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of A.P.Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR Court made the following: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused bail, in Crime No.54 of 2019 of Prohibition & Excise Station, IN THE HIGH COURT OF ANDHRA PRADESH [3327] THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY MADULA BABU RAO, S/O. LAKSHMAYYA, AGED ABOUT 36 YEARS,KOTHAVEEDHI, BHEERAM PANCHAYATHI, G.MADUGULA MANDALAM, ANARBHA POST, NUMATHI, ALIURI SEETHA RAMA ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, ...RESPONDENT/COMPLAINANT of the Bharatiya Nagarik accused, seeking Prohibition & Excise Station, 2 Paderu, Alluri Sitharama Raju District (formerly known as Visakhapatnam District). 2. A case has been registered against the petitioner herein for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that on 20.02.2019, at about 11.30 a.m., the Prohibition & Excise Inspector, Prohibition & Excise S.I., with prior intimation of Assistant Prohibition & Excise Enforcement, Visakhapatnam, along with their staff and mediators, raided the house of the petitioner and found 54 Kgs. 950 g. of dry ganja and 7 Kgs. 800 g. of raw ganja. The contraband was seized under the cover of Mediators’ report and a case has been registered against the accused. 4. Heard. Perused the record. 5. A perusal of the material on record goes to show that 54 Kgs. 950 g. of dry ganja and 7 Kgs. 800 g. of raw ganja was allegedly seized from the house of the accused, which is a commercial quantity. It is submitted by the learned Assistant Public Prosecutor that since the registration of crime in the year 2019, the accused has been evading arrest and thereby the investigation could not be completed. 6. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner/accused. 3 7. Accordingly, the Criminal Petition is dismissed. ________________________ K. SREENIVASA REDDY, J. Date: 18.02.2025 anr 4 83 HON’BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO. 5419 OF 2024 Date: 18.02.2025 anr