_-) lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAYdiA*#+::,:i,:tr!£::..:,,,A;_,,>2,¢4 TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 7318 OF 2025 Betwee n : Boyilachan Nayak, S/o. Late Jagadish Nayak, aged about 51 years, R/o. ucchala village, Ucchala Panchayat, Jai Patna Block, Kalahondi District, Odisha State. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by ®lts Public Prosecutor, High Court of Andhra Pradesh. ...Respondent petition under section 480 & 483 of BNSS/437 & 439 of Cr.P.C. is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal Petit-Ion, the High Court may be pleased to enlarge the petitioner/Accused No.2 on bail pending disposal of Crime No.19/2025 of Munchingiput P.S., now Alluri Sitharama Raju District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of M/s.KOLLI USHA KIRANMAYEE Advocate for the Petitioner, and of PUBLIC PROSECUTOR for Respondent, and the Court made the following ORDER: ORDER: THE.HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7318/2025 The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity {the Cr.P.C.J)/ Sections 480 and 0 483 of the Bharatiya NagarI'k Suraksha Sanhita, 2023 (for brevity tthe BNSS,I), . seeking to enlarge the petitioner/Accused No.2'on bail in Cr.No.19 of 2025 of Munchingiput Police Stall-on, AIIuri Sitharama Raju District, registered against the petitioner/Accused No.2 herein for the offence punishable under Sections I 111(2)(b) BNS, 20(b)(ii)9B), 25, read with 8(c) of the Narcotic DSrugs and psychotropic substances Act, 1985 (for brevity fthe NDPS Act]). 2. The case of the prosecution is that on ll.04.2025, the Sub-Inspectorof Police Munchingiput Poll-Ce Station, on recel'pt of credible information regarding the illegal possession and transportation of ganja, secured the I Presence Of medI-atOrS, and inspected the Vehicles. The Sub-Inspector of ? Police noticed the petitioner.,`, on a motorcycle coming from odisha towards Labburu Junction, and on seeing the police, they tried to sculk away. The Sub- lnspector of Police apprehended the petitioner/accused No,1 and `founcl in his POSSeSSl-On 10 Kgs of Ganja seized them under a mediatorsJ report and arrested him. 3. Heard learned counsel for the petI'tiOner and the learned Assistant PubII'C Prosecutor. •'_-I I J| Dr.YLR, . CrI.P.No.7318 of2025 Dated 22.07.2 4. Sri Kolli Usha Kranmayee, the learned counsel for the petitioner, submits that the petitioner has not commI'tted any offence; he was falsely impII-Cated jn this case,- he is sole bread winners of his family; he ,'s ready to abide any conditions {o be imposed by this court; and urged to enlarge the petl'tjoner on bail. ( 5.I per confra, , Mr.NeelotphaI Ganji, the learned Assistant public, prosecutor, submits that the petI'tiOner Was found in possession of 10 Kgs of Ganja, whI'Ch iS not commercial quantI|ty. However, it is submitted that there are no adverse antecedents against the petitioner, and requested to pass appropriate orders. 6. Perused the record. 7. ` As seen from the record, the allegation against the petitioner/Accused No.1,is that he was indulged`in possessI'On and transportation of 10 Kgs of ganja, which is not commercial I-n quantity. The petitioner has been in the t judI-Cial custody for the past 95 days and he was arrested on ll.04.2025. A learned Single Judge of this court, in crl.p.No.5571 of 2025 dated 07.07.2025, enlarged the accused No.1 on baI-I. The investigation in this case is not yet completed. 10. KeepI'ng into consideration the number of days the petitioner has been I in judicial custody, the nature of the allegatl'ons levelled against him, and his alleged role.played in the<ca,s£, this court is inclined to enlarge the petitioner on bail with certain stringent c6nditions. _ -| \ - L _- -/ ll. I Dr.YLR, J CrI.P.No.7318of2025 .^ Dated 22.07.2025 This Court is of the opinion that if certain stringent conditions are imposed on the petitioner for securing his presence before the learned Trial Court for tr,-al, the interest of justice would be met. 12. ln the result, the Criminal Petl'tion is allowed wI'th the following conditions: i. The petitioner/A-1 shall be enlarged on bail subject to them I executI-ng a Personal bond for a Sum Of Rs.10,000/-(Rupees Ten Thousand only), with two suretI-eS for the like sum each to the . satisfaction of the learned Judicial Magistrate of I class, Paderu, ii. The petitioner/A-1 shall appear before the stall-On House officer, Munchingiput police Stall-On, AIIuri Sitharama Raju DI-Strict, On every Saturday in between 10.loo am and o5:00 pm, till the conclusion of the TrI'al. iii. The petitioner/ A-1 shall not leave the liml-ts of the District without prior permI-SSiOn from the learned TrI-aI Judge. iv. The petitioner/A-1 shall not commit or indulge in similar offences in future. I v. The petitioner/A-1 shall cooperate with the investigating offl-cer in further investigation of the case and shall be available to the investigating offI-Cer aS and when called by him. / / Sed/"A, V'EREEL§ict=';C¥gr#faL. &TL#u_® I__ I //TRUE COPY// A`¥4 `S i STA&TJ`Eel i S-i|`RAiR Tol 1. The Station House Officer, Munchingiput P.S., now Alluri Sitharama Raju District. 2. The I Additional District & Sessions Judge-Special Judge for Trial of offences under NDPS Act, Visakhapatnam. 3. The Superintendent, Central Jail, Visakhapatnam. 4. One CC to M/s. KOLLI USHA KIRANMAYEE, Advocate`[OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Cc)urt of Andhra Pradesh. [OPUC] 6. One spare copy KN HIGH COURT DR.YLR,J DATED : 22/07/2025 ORDER CRLP.No.7318 of 2025 ALLOWED I iwi_- - '\