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2025 DAILYLAW 26847 (AP)

Mamoni Mondal v. THE STATE OF ANDHRA PRADESH

CRLP/7882/2025 · 2025-08-11

Y Lakshmana Rao

body2025

Judgment text

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APHC010381192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7882/2025 Between: Mamoni Mondal ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. P NAGENDRA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR, J Crl.P.No.7882 of 2025 Dated 12.08.2025 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 No.2 on bail in Cr.No.133 of 2025 of Renigunta Urban Police Station, Tirupati District, registered against the petitioner/Accused No.2and othersfor the offences punishable under Sections 8(c) r/w 20(b)(ii)(B)of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 14.05.2025 at about 6.30 p.m., on receiving credible information about illegal transportation of Ganja, the Inspector of Police, Renigunta Police Station, Tirupathi District along with his staff proceeded to Room No.207 of SBS Lodge, near Railway Station of Renigunta Town and found Accused Nos.1 and 2 in possession of 24.500 grams of Ganja worth of Rs.2,45,000/-. On interrogation, they revealed that on the instructions of Accused No.3 they are transporting the said contraband. The police seized the contraband from the possession of the petitioner herein and accused No.2 in the presence of mediators and a case has been registered against them and other accused. 3 Dr.YLR, J Crl.P.No.7882 of 2025 Dated 12.08.2025 3. Sri P. Nagendra Reddy, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 4. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that the petitioner herein along with accused No.1on the instructions of Accused No.3 is transporting Ganja from one State to another State. If the petitioner is enlarged on bail, he would commit more offences of similar nature;and urged to dismiss the bail petition. 5. Perused the record. 6. As seen from the record, the petitioner is shown as Accused No.2 in the case. The petitioner was arrested on 15.04.2025 and he has been in judicial custody for the past 112 days. Learned Assistant Public Prosecutor submits that after conducting inventory the weight of the contraband was found to be 3.14 grams which is not a commercial quantity. 7. Taking into consideration of thenature of allegations levelled against the petitioner, his alleged role in this case and the period of detention undergone by him, this Court is inclined to enlarge the petitioner on bail. 4 Dr.YLR, J Crl.P.No.7882 of 2025 Dated 12.08.2025 8. This Court is of the opinion that if certain stringent conditions are imposed on the petitioner for securing his presence before the learned Trial Court for trial, the interest of justice would be met. 9. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Tirupathi. ii. The petitioner/Accused No.2 shall appear before the Investigation Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, until further orders. iii. The petitioner/Accused No.2 shall not leave the limits of the District, without prior permission from the learned Trial Judge. iv. The petitioner/Accused No.2 shall not commit or indulge in similar offences in future. 5 Dr.YLR, J Crl.P.No.7882 of 2025 Dated 12.08.2025 v. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called. ________________________ DR. Y. LAKSHMANA RAO, J Date: 12.08.2025 ARB 6 Dr.YLR, J Crl.P.No.7882 of 2025 Dated 12.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7882 of 2025 Date: 12.08.2025 ARB