DEEPAKESWAR LAKHAN KUMAR v. THE STATE OF ANDHRA PRADESH
CRLP/138/2025 · 2025-01-09
K Sreenivasa Reddy
body2025
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[ 2025 DAILYLAW 2622 (AP) · dailylaw.ai ]
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[ 2025 DAILYLAW 2622 (AP) · dailylaw.ai ]
Judgment text
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APHC010005632025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO.138 OF 2025
Between:
Deepakeswar Lakhan Kumar and another ...PETITIONER/ACCUSED(S) AND
The State of AP Rep. by its PP ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
1. ANAND KUMAR KOCHIRI
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following ORDER:
This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A1 and A2, seeking regular bail, in Crime No.193 of 2024 of Dwaraka Police Station, Visakhapatnam Commissionerate. 2
2. A case has been registered against the petitioners herein and others for the offence punishable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 3. Case of the prosecution, in brief, is that, on 09.12.2024, at about 19.00 hours, on receipt of credible information, the Assistant Sub-Inspector of Police, Dwaraka Police Station, along with his staff and mediators, found A1 and A2 in possession of 4 Kgs of Ganja near Foot Path beside Regional Eye Hospital, Rama talkies to Satyam junction road, Visakhapatnam City. The contraband was seized under cover of a mediators report and a case has been registered against the accused. 4. Learned counsel for the petitioners submits that the quantity of Ganja allegedly seized from the possession of the accused is 4 Kgs, which is not a commercial quantity. Apart from the same, petitioner No.2 herein/A2 is pursuing Chartered Accountant Course and the foundation examinations are scheduled to be commenced from 12.01.2025 onwards. 5. On the other hand, learned Assistant Public Prosecutor submits that major portion of investigation is completed. 6. Heard. Perused the record. 3
7. In view of the fact that the quantity of Ganja that has been seized from the possession of the accused is 4 Kgs, which is not a commercial quantity and since the petitioner No.2 herein/A2 is pursuing Chartered Accountant Course and the foundation examinations are scheduled to be commenced from 12.01.2025 onwards, this Court is inclined to grant bail to the petitioners/A1 and A2 on the following conditions.
i) The petitioners/A1 and A2 shall be released on bail on their executing personal bonds for Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of the like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Visakhapatnam. ii) The Petitioners shall cooperate with the investigation. 8. Accordingly, the Criminal Petition is allowed. _______________________ K. SREENIVASA REDDY, J Dated:09.01.2025 Note: Issue CC today (B/O) Nsr
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.138 of 2025
Dated:09.01.2025 Nsr