APHC010374052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7693/2025 Between: Gubbala Aasish ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. DUGGIRALA SUBASH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity „the Cr.P.C.‟) Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟), seeking to enlarge the petitioner/accused on bail in Crime No.69 of 2024 of Dowleswaram Police Station, Vizianagaram District, registered for the 2 offences punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short „the NDPS Act‟). 2. The case of the prosecution, in a nutshell, is that on 24.03.2024 at about 4.00 P.M., the Sub-Inspector of Police, Dowleswaram, his staff along with mediators while conducting raid at an open place, Cherukuru Layout, Dowleswaram Village, apprehended accused while he was in possession of 21.600 kgs of ganja and the said ganja was seized from the possession of accused under the cover of mediators report. 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent/State. Perused the material on record. 4. Sri Duggirala Subash, the 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, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Hon‟ble Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 3 5. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that there are number of cases pending against the petitioner, who is a rowdy sheeter at Dowleswaram Police Station. The petitioner was found in possession of 21.600 kgs of ganja, which is commercial quantity. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 6. As per the mediator‟s report dated 24.03.2024, the petitioner was found in possession of a bag containing dry leaves of ganja. The learned counsel for the petitioner contends that, according to Section 2(iii)(b) of „the NDPS Act‟, “ganja” refers to the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), regardless of the name by which they are known or designated. Hence, the alleged seizure of the contraband would not fall under the definition of ganja. Be that as it may, the petitioner has been in judicial custody for the past 16 months, having been arrested on 24.03.2024. A case was initially registered against him under the Prevention of Detention Act, 1950, which was later closed. 4 7. The learned Assistant Public Prosecutor submits that there are numerous cases pending against the petitioner, who is a rowdy sheeter at Dowleswaram Police Station. A charge sheet has already been filed, and a Sessions case, S.C. No. 94 of 2025, has been assigned by the learned Sessions Judge. The petitioner was found in possession of 21.600 kgs of alleged ganja. Given the substantial quantity, it takes considerable time to commence and conclude the trial. Keeping the petitioner in jail until the conclusion of the trial is neither convincing nor reasonable, inasmuch as the petitioner is impressionable age of 19 years. 8. Considering the entire gamut of the case, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions: i. The petitioner/accused shall be released on bail upon executing a personal bond for Rs. 25,000/- (Rupees twenty-five thousand only) with two (02) sureties for a like sum each, to the satisfaction of the learned III Additional Judicial First Class Magistrate, Rajamahendravaram; ii. After release, the petitioner shall attend before the Station House Officer concerned once a week, every Saturday between 10:00 a.m. and 5:00 p.m., until the conclusion of Sessions Case No. 94 of 2025; iii. The petitioner/accused shall not leave the limits of the District without prior permission from the Station House Officer concerned; 5 iv. The petitioner/accused shall cooperate with the trial in the learned Sessions Court; v. The petitioner/accused shall not commit or indulge in the commission of any offence in the future; vi. The petitioner/accused shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer. 10. In the result, the criminal petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.07.2025 S D P 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7693 of 2025 Date:30.07.2025 S D P