Extracted from the PDF above. The PDF is authoritative.
'■'A IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT;
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO, CRIMINAL PETITION NO: 8203 OF 2025 / ■"V Between:
1. Kannadhasan M, S/o Muthu, R/o 8*^ ward, Thotiyar street, Periyankalyamputhur, Neikarapatii, Dindigula, Tamilnadu
2. Rajeshwaran, Age 40 years S/o Soundararaj, R/o Thotiyar street, Periyankalyamputhur Neikarapatti, Dindigula, Tamilanadu // ...Petitioners/ Accused No.1 and 2 AND The State of Andhra Pradesh, Rep by Public Prosecutor, High Court of AP, Amaravati. ...Respondent/ Complainant Petition under Section 480 and 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to release the Petitioners on bail in Crime No.217/2025 on the file of the Prohibition and Excise Station, Nellore-I, SPSR Nellore District in the interest of justice; The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri P.Nagendra Reddy, Advocate for the Petitioners and Public Prosecutor for the 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 petitioners/Accused Nos.1 and 2 bail in Crime No.217 of 2025 of prohibition & Excise Station, Nellore-I, SPSR Nellore 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’). on
2. The case of the prosecution is that on 21.07.2025 on reliable information about transportation and possession of ganja, the AC, Enforcement, Nellore rushed to the scene of offence i.e. APSRTC bus bearing No.AP 39 WB 3326, travelling from Gudiwada to Tirupati, the police apprehended the petitioners herein while they were in possession of 6 Kgs of dry ganja. The police seized the contraband under the cover of a mediators’ report and registered an FIR. During the investigation, the accused were apprehended and remanded to judicial custody
21.07.2025. on
3.
Mr.P.Nagendra Reddy, the learned counsel for the petitioners/Accused Nos.1 and 2 contends that the petitioners are innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the
petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further submits ^that the petitioners were arrested on 21.07.2025 and since then they have been in the judicial custody for allegedly indulged in 6 Kgs of ganja quantity transportation and possession and it is urged to enlarge the petitioners/Accused Nos.1 and 2 on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that the material part of investigation is completed. She further submits that the petitioners are residents of Tamilnadu State. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioners/Accused Nos.1 and 2 is that they have allegedly.indulged in transportation of 6 Kgs of ganja which is below commercial quantity. The petitioners were arrested on 21.07.2025 and since then they have been in the judicial custody. The petitioners have fixed abodes. There are no adverse antecedents reported against the petitioners. So far four witnesses have been examined and they are all official witnesses. Therefore, the possibility of petitioners threatening the witnesses or hampering the investigation may not arise. 7. Considering the nature and gravity of the offence and the petitioners’ alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions:
/ 4 i. The petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing a personal bopd for a sum of Rs.10,000/- (Rupees Ten thousand only), each with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate for Trial of Prohibition and Excise Offences, Nellore. ii. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer, Prohibition & Excise Station, Nellore-I SPSR Nellore District, 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. The petitioners/Accused Nos.1 and 2 shall not commit or IV. indulge in commission of any offence in future. 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. V. 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 VI. from disclosing such facts to the court or to any police officer. •v 5 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. Accordingly, the Criminal Petition is allowed. 8. SDI- P.VINOD KUMAR ASSISTANT ISTRAR //TRUE COPY// OmCER SECTIO! 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 & Excise Station, Nellore-I, SPSR Nellore District. 4. One CC to Sri. P.Nagendra Reddy, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of AP [OUT]
6. One spare copy MM
HIGH COURT Dr.YLR.J DATED: 19/08/2025 ORDER CRLP.No.8203 of 2025 ALLOWED