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2025 DAILYLAW 24086 (AP)

Nakkanti Srinivas alias Baba v. THE STATE OF ANDHRA PRADESH

CRLP/7031/2025 · 2025-09-07

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010340002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 05^ MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7031 OF 2025 Between: Nakkanti Srinivas @ Baba @ Srinivasa Chowdary @ Babareth @ Abdul Rahaman @ Rehman Kashim Sheik S/o Venkata Rao, Age 57 years, Hindu, N/o Siragalapalli Village, Yelamanchili Mandal, West Godavari District, R/o Srinivas Nagar, HDFC Bank opposite road, A.V.Apparao Road, Rajahmundry, East Godavari District, Andhra Pradesh State. ...PETITIONER AND The State of Andhra Pradesh, Represented by its Public Prosecutor High Court of A.P., Amaravathi ...RESPONDENT Petition under Section 488 & 483 of BNSS and under Section 37 of NDPS Act, the High Court may be pleased to enlarge the petitioner (A1) on bail as no further investigation is pending in the above Crime No. 138 of 2021 of Nathavaram Police Station since already charge sheet is filed. Counsel for the Petitioner ; SRI PARDHA SARADHI A.V. Counsel for the Respondent: ASSISTANT PUBLIC PROSECUTOR The Court made the following ORDER ; APHC010340002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3521] 5; MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7031/2025 Between: SRINIVAS ALIAS BABA, S/0 VENKATA RAO, AGE 57 N/0 SlRAGALAPALLl VILLAGE, YELAMANCHILI WEST GODAVARI DISTRICT, R/0 SRINIVAS NAGAR, OPPOSITE 1.NAKKANTI YEARS, HINDU MANDAL, ' HDFC BANK ROAD, A.V.APPARAO ROAD RAJAHMUNDRY, EAST GODAVARI DISTRICT ANDHRA PRADESH STATE. ...PETITIONER/ACCUSED AND OF ANDHRA PRADESH, Represented by its Public Prosecutor High Court of A.P., Amaravathi 1.THE STATE ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PARDHA SARADHI A V Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.138 of 2025 of Nathavarama Police Station, Visakhapatnam District, registered against the petitioner/Accused No.1 and others for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Case of the prosecution is that on 23.07.2021 at 11.30 hours, on receiving credible information about illegal transportation of Ganja, Sub- Inspector of Police, Nathavaram Police Station, along with his staff while conducting vehicle checking at Vedhurupalli Junction, found Accused Nos.3 to 6 in possession of 760 KGs of Ganja worth of Rs. 15,20,000/- transporting the same in Eicher Van bearing No.AP04 V 4814. Basing on the confession of co accused, the other accused are arrayed in the crime. The contraband along with vehicles and other material were seized from the possession of accused under the cover of mediators report and a case has been registered against them. The petitioner who is accused No.1 in the said crime was produced on execution of PT warrant on 20.05.2025. 2. Sri A, V. Parthasaradhi, learned counsel for the petitioner, contends that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; his continues incarceration would 3. cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to the any conditions imposed by this Court; and urged to enlarge the petitioner on bail. 4. Per contra, Ms. Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed to enlarge the petitioner on bail submitting that if the petitioner is released on bail, there is every likelihood that he may abscond from the clutches of law and urged to dismiss the bail application. 5. Perused the record. 6. As seen from the record, the allegation against the petitioner/accused No.1 is that he along with other accused had indulged in dealing with 760 KGs of Ganja which is not only a non-commercial quantity but also a colossal quantity. The alleged offence took place on 23.07.2021. On the execution of PT Warrant,, the petitioner herein was produced for judicial custody 20.05.2025. In the present case, charge sheet was originally filed 09.01.2025, but the same on on was returned on 29.08.2025 for compliance of certain objections taken by the learned Court and that on 02.09.2025, the charge sheet was resubmitted. Based on the confession of accused No.2 to 7, the role of petitioner herein came into light. The petitioner has been in the judicial custody for the past 56 days only. However, accused No.7 and 8 who are involved in the present crime are still absconding. Learned Assistant Public Prosecutor also submits that there are 12 NDPS cases pending against the petitioner. 4 Taking into consideration of huge quantity of contraband involved in the crime and number of similar offences pending against the petitioner herein, 7. the request of the petitioner to enlarge him on bail is neither convincing nor reasonable. 8. In the result, the Criminal Petition is dismissed. As a sequel. Miscellaneous petitions, if any pending, shall stand closed. SD/- A.VIJAY BABU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The 1st Additional District and Sessions Judge-Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam. The Station House Officer, Nathavaram Police Station, Visakhapatnam Visakhapatnam District. The Superintendent, Central Jail, Rajamahendravaram, A.P. One CC to SRI. PARDHA SARADHI A.V., Advocate [OPUC] Two CCs to the Public Prosecutor, High Court of A.P., Amaravati [OUT] Two CD Copies 2. 3. 4. 5. 6. SRL TAC HIGH COURT DATED:08/09/2025 ORDER CRLP NO. 7031 OF 2025 ^ 11 SEP 2025 m Co/j O . Current Section ^ N%5g^ATC«65 '' CRL.P. IS DISMISSED