t> IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWE.NTY FOURTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETI"ON NO: 7436 OF 2025 Between : 1. Nithish I, S/o. lliayaraja, A/ 20 Years, Caste by SC, Resident of Door No.150 E, Thirumani lndira Nagar, Thirumani, Kancheepuram, Tamilnadu -603111 2. K. Shamusidheen, S/o. Kaleelsaibu, A/ 27 Years, Caste by Muslim, Resident of Padasalai Street, Avadhampudhupattu, Anvarthikanpet, Anwerthikanpettai, Vellore, Tamilnadu -632502 ...Petitioners/Accused No.4 & 5 AND The State of Andhra Pradesh, through the Station House Officer, Tuni Town P.S, East Godavari District, Represented by Public Prosecutor, High court of Andhra Pradesh. ...Respondent Petition under Section 437 & 439 of Cr.P.C (Under Section 480 & 483 of BNSS, 2023) is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to grant him bail on such terms and conditions as deemed fit directing his enlargement in Crime No.85 of 2025 of Tuni Town P.S; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Duggirala Subash, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following; Dr. YLR, J Crl.P.No.7436 of 2025 Dclted 24.07.2025 The Court made the following: ORDER: The CrI'minaI Petition has been fI-led under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity f{he cr.p.c.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the petitioners/Accused Nos.4 and 5 on bail in Cr.No.85 of 2025 of Tuni Town Police Station, Kakinada DistrI'Ct, registered against the Petitioners/Accused Nos.4 and 5 herein for the offences punishable under Sections 8(c) read with 20 (b) (ii)(c) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevI'ty lthe NDPS Act'). 2. The case of the prosecution is that on 23.05.2025 at about 03:00 PM, on receipt of credible I'nfOrmatiOn regarding the illegal transportation of contraband, the Sub-Inspector of Police, Tuni Town Police Station, obtained permission from the sub-DivisionaI PolI|Ce Officer, Peddapuram, to conduct a raI'd. The Sub-Inspector secured the Presence Of two mediators, his Staff conducted the raid at the location under the flyover bridge near Narsipatnam bus stop, Tuni Town. The police apprehended the accJused Nos.1 to 5, along with a child in Conflict with Law (COL), and found in their possession 20 KGs of Ganja, •ty Dr. YLR, I CrI.P.No.7436 of 2025 Dclted 24.07.2025 worth Rs.1,00,000/-, was seized in the presence of the mediators. upon questioning, the accused confessed that, at the request of A-3 to A-5 and the c6L, the accused Nos.1 and 2 arranged 20 KGs of Ganja by taking Rs.1,00,000/-from them. While the accused Nos.1 and 2 were handing over the contraband to accused Nos.3 to 5 and the COL at the flyover bridge near NarsI'Patnam bus Stop, Tuni. The police seized the contraband under the cover of a media{ors' report, and the accused were remanded to judicl-al custody. 3. Sri Duggirala Subash, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are sole breadwinners of their family; they are ready to abide any coriditions to be imposed by this court; and urged to enlarge the petitioners on bail. 4. Per cor7fra, Ms.P.Aki]a Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would es-cape from the clutches of law; and it is urged to dismiss the bail application. 5. Perused the record. 4 Dr. YLl`, Crl.P.No.7436 of 2025 Dated 24.07.2025 6. As seen from the record, the petitioners/Accused Nos.4 and 5 were arrested on the day of the commission of the offence. The Pe{l-tiOnerS have been in judicial custody since 23.05.2025, i.e., for more than 62 days. The alleged contraband was seized from the possession of Accused Nos.1 and 2 while they were transporting 20 Kgs of Ganja, which is not a comm`ercl'al quantity. There are no adverse antecedents against the petitioners as per the submission of the learned Assistant Public Prosecutor. 7. Keeping into consideration the nature of allegations levelled agaI'nSt the Petl-tiOnerS, their alleged role played in this case and the Period Of detention undergone by them in the judicial custody, thl's Court is inclined to enlarge the petitioners on bail with certain stringent conditions. 8. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.4 and 5 shall be enlarged on bail subJ'eCt tO them eXeCutI'ng a Personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties for the like sum each to the satisfaction of the learned Judicial FI-rSt class Magistrate at Tuni. FEE _-Bee--\== ) 5 Dr. YLR, I Crl.P.No.7436 of 2025 Dated 24.O7.2025 ii. The petitioners/Accused Nos.4 and 5 sha" appear before the station House officer, TunI- Town Police Station, Kakinada District, on every saturday in between 10.-00 am and 05.-00 pm, till the fI'Iing of charge sheet. iiI'. The petI-tl-OnerS/Accused Nos.4 and 5 shall not leave the limI'tS Of the District without prior permission from the learned TrI'al Judge. I-V. The petitioners/Accused Nos.4 and 5 shall not commit or indulge in similar offences in future. v. The petitioners/Accused Nos.4 and 5 shall cooperate with the investI-gating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. , SD/-G.HELA NAIDU ASSISTANT //TRUE COPY// RZJ;I RA R For ASSISTANT REGISTRAR To, 1. The lSt Additional Session Judge at Rajamahedravaram. 2. The Judicial First Class Magistrate at Tuni. 3. The Superintendent, Central Prison, Rajamahendravaram. 4. The Station House Officer, Tuni Town P.S, Kakinada District. 5. One CC to Sri. Duggirala Subash, Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy HIGH COURT Dr.YLR,J DATED :24/07/2025 ORDER CRLP.No.7436 of 2025 ALLOWED CL> {LP &%_= I \ \uL\as ' sei±# _.- -¥e',i_ -- \t,. a