APHC010386662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7878/2025 Between: 1. KADIYALA PAVAN KUMAR, S/O K. SUBBA RAO, AGED 25 YEARS, R/O KADIYALAVANDLAPALLI VILLAGE, SAMBEPALLI MANDAL, ANNAMAYYA (KADAPA) DISTRICT. 2. MOTHUPALLI SATISH CHANDRA, S/O RAMANJULU NAIDU, AGED 25 YEARS, R/O GUDIYAVANDLAPALLI VILLAGE, SAMBEPALLI MANDAL, ANNAMAYYA (KADAPA)DISTRICT. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Station House Officer, Prohibition and Excise Station, Kadapa, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): MATADA YUVASIVA SWAMY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.7878 of 2025 Dated 05.08.2025 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 petitioners/Accused Nos.1 and 2 on bail in Cr.No.48 of 2025 of Prohibition and Excise Station, Kadapa, Kadapa District, registered against the petitioners/Accused Nos.1 and 2 herein for the offences punishable under Section 8(c) read with 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 05.07.2025, on receipt of credible information, the Prohibition and Excise personnel, Kadapa, along with their staff and mediators, reached the eastern side of FM Bakers & Food Palace located on Utukur Circle to Rayachoty Bus Road and noticed one person sitting on a two-wheeler and five others standing around him with bags in their hands. On seeing the officials, the persons attempted to run away. The Inspector of Police, along with his staff, apprehended five of them, while one person dropped his bag and fled from the scene of 3 Dr. YLR, J Crl.P.No.7878 of 2025 Dated 05.08.2025 offence. The police seized 1.2 kgs of Ganja, five mobile phones, and a two- wheeler, and arrested the accused under the cover of a mahazarnama. 3. Mr. M.Yuvasiva Swamy, the learned counsel for the petitioners contends that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their continued incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they 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. 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 320 and 200 Grams of ganja respectively. The Investigating Officer recovered 4 Dr. YLR, J Crl.P.No.7878 of 2025 Dated 05.08.2025 1.2 Kgs of Ganja in totally from the six (06) accused in this case. The petitioners were arrested on 05.07.2025 and they have been in judicial custody for the past 30 days. 7. Considering the period of detention undergone by the petitioners in judicial custody for the past 30 days, the nature and gravity of allegations levelled against the petitioners, and their alleged role played in this case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties each for the like sum each to the satisfaction of the learned Special Judicial Magistrate for Prohibition and Excise Offences, Kadapa, Kadapa District. ii. ii. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. 5 Dr. YLR, J Crl.P.No.7878 of 2025 Dated 05.08.2025 iv. The petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.1 and 2 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.1 and 2 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 him/her from disclosing such facts to the court or to any police officer. vii. The petitioners/Accused Nos.1 and 2 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.08.2025 RSI 6 Dr. YLR, J Crl.P.No.7878 of 2025 Dated 05.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7878 of 2025 Date: 05.08.2025 RSI