IN THE HIGH COURT OF ANDHRA PRADESH AT -A iff THURSDAY, THE FOURTEENTH DAY OF AUGUST, 1|i TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINALPETITIONNO: 8210 OF 2025 Between: Kanhu Prasad Mishal, S/o. Raghunath Mishal, Aged about 26 years, R/o. F/30, Z.A. Colony, Malkanjiri, Odisha-764045. ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Through Station House Officer, Prohibition & Excise Station, Nellore-ll, SPSR Nellore District, Rep., by its Public Prosecutor, High Court at Amaravathi. ...Respondent/Complainant Petition under Section 480 & 433 of BNSS, is filed praying that in the circumstances stated in the grounds 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 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 and of Public Prosecutor for Respondent, the Court made the following 2 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/Accu sed No.3 on bail in Cr.No.101 of 2025 of Prohibition and Excise Station, Nellore-ll, Nellore District, registered against the petitioner/Accused No.3 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’). 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-registere d 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 192 packets and 48 kg of dry ganja. On inquiry, the driver (A1) revealed that one Balaram Dali (A5) from Odisha gave him the ganja to transport 2. 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 the Accused Nos.1 to 4. 3. Sri P.Nagendra Reddy, the learned counsel for the petitioner contends that the petitioner 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. 4. Per contra, Ms.P.Akhila Naidu, 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 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. 6. As seen from the mediators’ report, the petitioner being the brother of Accused No.1 was in the car, no other allegations are attributed to Accused No.3. Applicability of Section 29 of the 'NDPS Act.', is highly doubtful. Accused No.1 was transporting the ganja in a car. This Court in CrI.P.No.7930 of 2025 on 06.08.2025 enlarged the petitioner therein, who is wife of Accused No.1 on bail. The petitioner herein was arrested on 05.06.2025 and he has been in judicial custody for the past 70 days. 7. Considering the period of detention undergone by the petitioner in judicial custody for the past 70 days, the nature and gravity of allegation levelled against the petitioner herein, and his alleged role played in this case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused No.3 shall be enlarged on bail subject to he 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 Special Judicial Magistrate of First Class for Trial of Prohibition and Excise offences, Nellore. 5 II. The petitioner/Accused No.3 shall not leave the the District without prior permission from Officer concerned. limits of the Station House iii. The petitioner/Accused No.3 shall not in commission of any offence in future, iv. The petitioner/Accused No.3 shall investigating officer in further investigation of the shall make himself available for interrogation by the investigating officer as and when required. V. The petitioner/Accused No.3 shall indirectly, make any inducement, threat person acquainted with the facts of the dissuade him/her from disclosing such facts to the to any police officer. Accordingly, the Criminal Petition is allowed. commit or indulge cooperate with the case and not, directly or promise to any or case so as to court or 8. ^^CTION 'AR J //TRUE COPY// OPF/CEr To, 1. The Special Judicial Magistrate of First Class Excise offences, Nellore. 2. The Superintendent, District Jail, Nellore J. The Station House Officer, SPSR Nellore District. 4. One CC to Sri P.Nagendra Reddy, Advocate 5. Two CCs to PUBLIC PROSECUTOR Amaravati.[OUT] 6. One spare copy for Trial of Prohibition and Prohibition & Excise Station, Nellore-ll, [OPUC] High Court of A.P. HIGH COURT DR.YLR,J DATE:14/08/2025 BAIL ORDER CRLP.No.821 Oof 2025 ALLOWED S 1 B RUB m CO ★ ★