[ 3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE rPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO\C^& CRIMINAL PETITION NO: 7930 OF 2025 ^ I. Between: Pooja Mishal, D/o .Shiva Prasad Misal, Aged about 31 years, R/o.F/31, Z.A.Colony, Malkanjiri, Odisha-764045. Petitioner/Accused No.2 AND The State of Andhra Pradesh,, Through Station House Officer, Prohibition and Excise Station, Nellore-ll, SPSR Nellore District Rep., by its Public Prosecutor, High Court at Amaravathi. Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner on bail in Crime No. 101/2025 on the file of the Prohibition & Excise Station, Nellore-ll, SPSR Nellore District in the interest of justice. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri P NAGENDRA REDDY Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. 2 Dr. YLR, J Crl.P.No.7930 of2025 ' Dated 06.08.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 i 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/Accu sed No.2 on bail in Cr.No.101 of 2025 of Prohibition and Excise Station, Nellore-ll, Nellore District, registered against the petitioner/Accused No.2 herein for the offences punishable under Section 8(c) read with 20 (b) (ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on the instructions of the A.C. Enforcement, Nellore, the Inspector of Prohibition and Excise Station, Nellore-ll, conducted a vehicle check at Venkatachalam Toll Plaza around 7:00 A.M. During the check, a suspicious Odisha-registered car was found parked near a "Do Not Litter" board. Upon questioning the driver and inspecting the vehicle, the Inspector found three white plastic bags in the car's dicky. Each bag contained brown packets emitting a strong smell of ganja. The first bag had 100 packets (25 kg), the second had 62 packets (15.5 kg), and the third had 30 packets (7.5 kg), totaling Dr. YLR, J Crl.P.No.7930of2025 Dated 06.08.2025 On inquiry, the driver (A1) revealed that one Balaram Dali (A5) from Odisha gave him the ganja to transport to Tirupati, promising Rs.50,000/- for transportation and providing Rs.20,000/- in advance. A1, along with his wife (A2), brother (A3), and friend (A4), traveled from Odisha and halted at the toll plaza the previous night. The Inspector seized the 48 kg of ganja, three mobile phones (belonging to A1, A3, and A4), Rs.5,000/- in cash, and an Ertiga car (Reg. No. OD 30 E 5055) and arrested A1 to A4. 192 packets and 48 kg of dry ganja. 3. Sri P.Nagendra Reddy, the learned counsel for the petitioner contends that the petitioner is a lady, she is innocent of the alleged offence and has been falsely implicated by the police. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court, and prays that the petition be allowed in the interest of justice. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that she may abscond, thereby hampering the ongoing investigation and evading the 4. 4 Dr. YLR, J Crl.P.No.7930of2025 Dated 06.08.2025 process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. As seen from the record, the allegation against the petitioner/Accused No.2, who is the wife of Accused No.1, who was transporting 48.00 KGs of Ganja in his car, is that the petitioner was present in the car. Except the presence of the petitioner in the car, nothing was attributed to the petitioner in the mediator’s report. The contraband was found in the dicky of the car, not either in front or last seat of the car. The petitioner was arrested on 05.06.2025. Ever since, she has been in judicial custody for the past 60 days. The learned Assistant Public Prosecutor fairly conceded that there are no adverse antecedents against the petitioner. This Court is satisfied that there reasonable grounds for believing that the petitioner is not guilty of the offence with which she was alleged and that she would not likely commit any offence while she is on bail, inasmuch as there are no adverse antecedents against the petitioner. 6. are 7. Considering the period of detention undergone by the petitioner in judicial custody for the past 60 days, the nature and gravity of allegation 5 Dr. YLR, J Crl.P.No.7930of2025 Dated 06.08.2025 levelled against the petitioner, and her alleged role played in this case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: The petitioner/Accused No.2 shall be enlarged on bail subject to she executing a personal bond for a sum of I. Rs. 10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class for Trial of Prohibition and Excise, Nellore. ii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iii. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. iv. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make herself available for interrogation by the investigating officer as and when required. V. The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any 6 Dr. YLR, J Crl.P.No.7930 of 2025 Dated 06.08.2025 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. Accordingly, the Criminal Petition is allowed. 8. assistant r^strar I OFFICER //TRUE COPY// SECTIOl F To, 1. The Special Judicial Magistrate of First Class for Trial of Prohibition and Excise, Nellore. 2. The Superintendent, District Jail, Nellore. 3. The Station House Officer, Prohibition and Excise Station, Nellore-ll SPSR Nellore District. 4. One CC to SRI. P NAGENDRA REDDY Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. 6. One spare copy HIGH COURT DR.YLR,J DATED:06/08/2025 BAIL ORDER CRLP.No.7930 of 2025 ALLOWED