APHC010370392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7638/2025 Between: 1. SIGADAPU SAI AVINASH AVI, S/O LATE VENKATA RAO. AGE 25 YEARS, R/O DR. NO. 19-233,SWATHANTRANAGAR, MADHURAWADA, VISAKHAPATNAM CITY. 2. RAGATHI AJAY KUMAR, S/O LATE SATTI BABU. AGE 28 YEARS, R/O DR. NO. 22-105, SWATHANTRANAGAR, MADHURAWADA, VISAKHAPATNAM CITY. 3. SEERAPU ANIL KUMAR,, S/O RAJASAKHER AGE 23 YEARS, R/O BLOCK NO-26, FF-3, AMARAVATHI COLONY. KOMMADHI, VISAKHAPATNAM CITY ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Through Station House Officer, P.M. Palem Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): BANDI PRAVEENA Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.7638 of 2025 Dated 29.07.2025 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 petitioners/Accused Nos.1 to 3 for granting of bail in connection with Crime No.338 of 2025 of P.M.Palem Police Station, Visakhapatnam Commissionerate, registered for the alleged offences punishable under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 14.06.2025 at about 09:00 hours, on receipt of credible information about illegal possession of ganja, the Sub-Inspector of Police, P.M. Palem Police Station, along with his staff and mediators, rushed to Ozone Valley Layout, Kommadhi, Madhurawada, Visakhapatnam City. The police noticed three persons coming from nearby bushes carrying plastic covers. On seeing the police, they attempted to flee, but the police apprehended them. Accused Nos.1 and 2 were found to have rowdy sheets at P.M. Palem Police Station. Accused No.3, after initially fumbling, disclosed his identity. On interrogation, they confessed to purchasing ganja at low prices from an unknown person in Araku and selling it at higher prices 3 Dr. YLR, J Crl.P.No.7638 of 2025 Dated 29.07.2025 for illegal profit. The police seized 3.00 kgs of ganja (1 kg from each accused), and 50 grams were separated from each packet for chemical analysis under a mediators’ report. 3. Ms.Bandi Praveena, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they are falsely implicated in this case; they are sole breadwinners of their family; they are ready to abide any conditions to be imposed by this Court, and it is urged to grant bail to the petitioners/Accused Nos.1 to 3. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they will repeat the same offence; and it is urged to dismiss the bail application. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioners were found in possession of 1.00 kg of ganja each, totaling 3.00 kgs. The petitioners were arrested on 14.06.2025 and they have been in the judicial custody for the past 50 days. The learned I Additional District and Sessions Judge, 4 Dr. YLR, J Crl.P.No.7638 of 2025 Dated 29.07.2025 Visakhapatnam, in his order dated 16.07.2025 in Crl.M.P.No.2110 of 2025, referred to the adverse antecedents reported against the petitioners. Petitioner No.1/Accused No.1 has nine (09) adverse antecedents, out of which three relate to NDPS cases. Petitioner No.2/Accused No.2 is a rowdy sheeter and has one (01) adverse antecedent. Petitioner No.3/Accused No.3 has three (03) adverse antecedents, out of which two relate to NDPS cases. As per the submission of the learned Assistant Public Prosecutor, the investigation is not yet complete. 7. On perusal of the entire record, the request of the learned counsel for the petitioners at this juncture is not found convincing or reasonable. Hence, this Criminal Petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.07.2025 RSI 5 Dr. YLR, J Crl.P.No.7638 of 2025 Dated 29.07.2025 161 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7638 of 2025 Date:29.07.2025 RSI