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2025 DAILYLAW 2414 (AP)
KAISARLA DIVAKAR @ KESARLA DIVAKAR v. THE STATE OF ANDHRA PRADESH
CRLP/50/2025 · 2025-01-22
K Sreenivasa Reddy
body2025
[ 2025 DAILYLAW 2414 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 2414 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
. \`. . J/ .Ei / lN THE HIGH COURT-OF ANDHRA PRADESH AT AMARAVATI J} WEDNESDAY, THE TWENTY SECOND DAY OF JAN TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 50 OF 2025 r' Betwee n : Kaisarla Divakar @ Kesarla Divakar, S/o. RaJ-ubabu, aged about 22 Years, Near Sai Baba Temple, Yetigairampeta Village, Golugonda Mandal, Anakapalll- District, Andhra Pradesh Aadhar 497536902274 ...Petitioner/Accused-3 AND The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Section 480 and 483 of BNSS, 2023 or Old Section 437 and 439 of Cr.P.C is filed praying that in the circumstances stated in the memorandum of grounds of criminal Petition, the High Court may be pleased to release the petitioner/A-3 on bail in Cr.No.182 of 2024 on the file of Kirlampudi Police Station, Kakinada District, under section 8© r/w 20(b)(ill)(C) of NDPS Act 1985 dated 29-08-2024; The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petition and upon hearing the
arguments of Sri Kakumanu Joji Amrutha Raju, Advocate -for the Petitioner and public prosecutor for the Respondent;
ORDER: This Criminal Petition, under Sections 480' and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A3, seeking regular bail, in Crime No.182/2024 of Kiriampudi police station, Kakinada district. 2. A case has been registered against the Petitioner herein and others for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and PsychotropiC Substances Act, 1985 (for short {the NDPS Act'). 3. Thecaseofthe prosecution in briefiSthat: on 29.08.2024, at about 04.00 PM, the Sub-Inspector of Police, Kiriampudi Police Station, along With his Staff and mediators, While conducting vehicle checking on NH-16 road, near Toll Plaza, Krishnavaram village Of Kirlampudi Mandal, found A2 to A4 in possession and illegal transportation Of 84.66 Kgs of Ganja in a lorry bearing registration No.KA 01 AM 3279, which was Proceeding towards Krishnavaram village from VIsakhaPatnam. The contraband along With vehicle and other material was seized under cover of a mediators report and a case has been registered against the accused. _ _<grzzp ±i=_
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4. Heard. perusedtherecord. 5. A perusal of the material on record goes to show that the polI'Ce have seized 84.66 Kgs of Ganja from the possession of the accused. The petjtjoner/A3 was arrested on 29.8.2024 and sl'nce then he Its languI'Shjng ,'n J'aiI. Learned Assistant public prosecutor submits that entire I'nVeStigatjon I'S completed and charge sheet is not yet filed for want of arrest of A1, as he was abscondI'ng. Merely because Al was absconding, the petjtjoner herein cannot be confined to ja" forever. 6. ln view of the aforesaid facts and cI'rCumstances of the case, this court is I-nClined to grant ba" to the petI'tiOner/A3 on the following condjtjons. i) The petitioner/A3 sha" be released on ba" on h,'s executing personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the ll-ke sum each to the satl'sfaction of the learned special Judge for Trial of cases under NDPS Act-Gum-I Additional sessions Judge, Rajamahendravaram, East Godavari DistrI'Ct; li) on release, the petjtjoner shall appear before the station House officer concerned, once in a week i.e. on every saturday between 10.00 am and o1.00 pm, tm filing of the charge sheet. 7. Accordingly, the crjmjnal petition I.S allowed, A+a //TRUE COPY// For A` ASSISTAN, --_ ---~--i.---_-,--,__ ,__ __,. _ SD/- p.v'NOD KuMAR >®|--_ SEc ZEiE GISTRAR low OFFICER
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1.
The Special Judge for Trial of Cases under NDPS Act-cum-I Additional Sessions Judge, RajamahehdraVaram, East Godavari
2. The Superintendent, Central Prison, Rajamahendravaram. 3. The Station House Officer, Kirlapudi Police Station, Kakinada District. 4. One CC to Sri. Kakumanu Joji Amrutha Raju, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court ofAP [OUT]
6. One spare COPY MM
J/
HIGH COURT SRK,J DATED:22/01/2025
ORDER CRLP.No.50 of 2025 ALLOWED ir 2 2 JAM 2fil5