Muda Baleya alias Muddha Balaiah v. THE STATE OF ANDHRA PRADESH
CRLP/7547/2025 · 2025-07-24
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25843 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25843 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010365342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY. THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO; 7547 OF 2025 Between: Muda Baleya @ Muddha Balaiah, S/o Late Lachchamaya @ Lachhamaya, aged about 50 years, Chintagunnalu village, Chitrakonda Mandal, Malkangiri District .Odisha state. ...Petitioner / Accused No.4 AND The State of Andhra Pradesh, Through the Station House Officer, koyyur Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Nelapadu, Amaravathi, Guntur District ...Respondent / Complainant BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the petitioner/ A4 on bail in connection with crime No 80 of 2013 in NSC No.398/2015 of Koyyur police station Visakhapatnam district under section 20(b)(( ii )(c)r/w8(c) of NDPS Act 1985 dated 31-12-2013 Petition under Section 480 & 483 of
Counsel for the Petitioner : SRI K.PRIDHVI RAJU Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following order:
APHC010365342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7547/2025 Between:
MUDA BALEYA ALIAS MUDDHA BALAIAH, S/0 LATE LACHCHAMAYA ALIAS LACHHAMAYA, AGED ABOUT 50 YEARS .CHINTAGUNNALU VILLAGE CHITRAKONDA MANDAL ,MALKANGIRI DISTRICT .ODISHA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Through the Station House Officer, koyyur Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Nelapadu, Amaravathi, Guntur District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1.KPRIDHVI RAJU Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.4 for granting of bail in connection with
2 Crime No.80 of 2013 of Koyyur Police Station, Visakhapatnam District, registered for the alleged offences punishable under Sections 20(b)(ii)(c) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 31.12.2013 this Petitioner and other Accused were found in possession of 422 kgs of Ganja and A1 to A3 were caught red handed on the spot and this Petitioner escaped from the place of seizure. It is further submitted that this Petitioner absconded from the date of offence and he could be arrested only after more than 1114 years. Sri K.Pridhvi Raju, learned counsel for the Petitioner contends that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, he is ready to abide any conditions that may be imposed by this Court, and it is urged to grant bail to the Petitioner. 3. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail, there is a strong likelihood that he may abscond. 4. 0 thereby hampering the ongoing investigation and evading the law. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. process of
6. The accused was indulged in commission of an offence of dealing with 422kgs of Ganja which is a colossal quantity. An NBW was issued against the Accused No.4/Petitioner pursuant to filing of chargesheet which was filed showing the accused as absconding. This NBW was executed on
02.06.2025. The Petitioner was produced before the learned Special Judge. The Case is of the year 2013. Nearly more than one decade has passed by. The Petitioner has been in the judicial custody for the past 52 Days. Enlarging the Petitioner at this stage would not aid the trial well.
Since the case is of the year 2013, if a direction js given to the learned Special Judge for completing the Trial as early as possible preferably within a period of three months ends of justice would be subserved. 7. It is reported that the remand of the accused is extended until 06.08.2025 and the case is coming for the issuance of the schedule and for hearing on charges. There are no merits in this case. Hence the learned Trial Court is directed to expedite the trial by framing the charges and issuing schedule and commence the trial. 4
8. With the above observations and directions, this Criminal Petition is dismissed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The I Aditional District and Sessions Judge Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Koyyur police station
4. One CO to Sri K Pridhvi Raju, Advocate [OPUCJ
5. Two CC’s to the Public P [OUT]
6. Three CD Copies - Special Judge for Trail of Visakhapatnam district Prosecutor of High Court of Andhra Pradesh MV vna
HIGH COURT \ DATED: 25/07/2025
ORDER Currem Section ^*-£^»pATnHeP 3^ CRLP NO. 7547 OF 2025 DISMISSING THE CRIMINAL PETITION