i=c _ FRIDAY, THE TWENTY SECOND DAY OF AUGU lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR,#`+¥#¥ffiapgr¥:£i7f`6.T+,, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 8232 OF 2025 Between : Ei 1. VI-ShaI Ramesh wagmare, s/o.Ramesh Omker Wagmare, aged abt 20 years, R/o.Dharani street and panchayathj and Mandal, Amrava{hi District, Maharashtra state. 2. Lucky Sarahjeet singh Mehr.a, s/o.Late Sarahjeet Mehra, aged ant 19 years, R/o.ShanthilaI Compound-4, DI'Iip Singh Chawl, Jawahar Nagar, Khar East, VTC Mumbai, po Bandra East, Andheri sun-District, Maharastra .I.Petitioners/A1 & A2 AND The State of Andhra pradesh, SHO, Anakapalli Town P.S., visakhapatnam, Represented by its public Prosecutor, High Court of Andhra Pradesh at AmaravatI-, Guntur DistrI'Ct. ...Respondent petition under sectI-OnS 480 & 483 of BNSS prayI'ng that in the' circumstances stated jn the memorandum of grounds fI-led in support of the criminal Petition, the High Court may be pleased to enlarge the petitioners on Regular Bail in respect to the crime No. 153/2025 on the file of AnakapaI[i town Police Station, Anakapa!ii. The PetI-tjOn COming on for hearing, upon perusing the petI'tjOn and the memorandum of grounds filed I'n Support thereof and upon heart-ng theJ arguments of SRI ANAND KUMAR KOCHIRI Advocate for the petitioners, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following The Court made the following: ORDER: F+l= I,- i i CrI.p.No.8232 Dclted 2i.Ob. {. The CrimI'naI Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity 'the cr.p.c.I)/ sections 480 and 483 of the Bharatiya Nagarik Suraksha sanhita, 2023 (for brevity [the BNSSJ), seeking {o enlarge the petitioners/Accused Nos.1 and 2 on bail in cr.No.153 of 2025 of A'nakapalli Town Police Station, Anakapam District, -registered against the petitioners/Accused Nos.1 and 2 herein for the offences punishable under section 20 (b) (Ii)(B), read with 8 (c) of the Narcotic Drugs and PsychotropI'C Substances Act,1985 (for brevity fthe NDPS Act'). 2. The case of the prosecution is that on ll.07.2025 at about 14.00 hours, on receipt of credible information regarding I'IIegal possession and transportation of ganja, the sub-Inspector of police, AnakapaIIi Town Police Station, along with his staff and mediators, rushed to the Goods Shed Road Junction, Anakapalli, and apprehended Accused Nos.1 and 2 while they were transporting ganja. The polI'Ce Seized 12.00 Kgs of ganja from their possession under the cover of the mediators' report. 3. Sri Anand Kumair-'i<ochiri, the learned counsel for the petitioners contend that the petitI'OnerS are innocent of the aIIegeci offence and have Dr. YLR, I CrI.P.No.8232 of 2025 Dated 22.08.2025 been falsely implicated by the police. lt is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any condI'tiOnS that may be imposed by this Court. In light of the foregoing submissions, learned I.\ Counsel prays that the present petition be allowed in the interest of justice. 4. `Per confra, 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 vl-ew of the foregoing submissions, 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/Accused Nos.1 and 2 were allegedly indulged in dealing with 12.00 kgs of ganja, which is not a commercial quantity. The petitioners have been languishing in jail since ll.07.2025. Nearly for the past 42 days they have been in judicial custody. i-_,i__= _€ i,rytaqr*¥Y" CrI.p.No.8232 oJ Dated 22.08.2.` The learned AssI'Stant Public Prosecutor brought to the notice of this court the fiII'ng Of bail applicatI-On before the learned Trial Court on behalf of petitioner/Accused No.2, v,'de CrI.M.P.No.2522 of 2025 dated 19.08.2025. However, the learned counsel for the petitioners submits that the -bail application was filed by another counsel without his knowledge, and the matter is listed today before the learned Trial Court for dismissal. '- 7. I Be that as I-I may, the petitioners were not involved in dealing with a commercial quantity of ganJ-a. The petitioner/Accused No.1 is a resident of Dharani Street & Panchayathi, Mandal, Amravathi District, Maharashtra State. The petitioner/Accused No.2 is a resident of Shanthilal Compound-4, Dilip Singh Chawl, Jawahar Nagar, Khar East, VTC Mumbai, PO Bandra East, Andheri Sub-District, Maharashtra. The material witnesses have been examined, and the material portion of the investigation is complete. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioners influencing or threatening the witnesses or hampering the investigation does not arise. 8. Considering the period of detention undergone by the petitioners/Accused Nos.1 and 2 in judicial custody for the past 42 days, the nature and gravity of allegations levelled against the petitioners, and theI'r alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: t- Dr. YLR, J Crl.P.No.8232 of 2025 Dclted 22.08.2025 i. The petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties each for the like sum each to the satisfaction of the learned I Additional Junior Civil Judge-Gum-XI Additional Judicial Magistrate of First Class, Anakapalli. 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. iv. The petitioners/Accused Nos.1 and 2 shall not commitor 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 T---,--i €iEr7|JTl-!Ti-=±`fi--- -_ \\ Crl.P.No.8232 a. Dated 22.08.2L` 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- 10. Accordingly, th6 criminal Petition is allowed. To, //TRUE COPY// I sd/-sHA`K MOHD. RAIL A-±+ i+ir in I Rch%di%`B}TR_i_R SECTION OFFICER 1. The I AddI|tiOnaI Juh!'or civil Judge-Gum-xI Additional Judl-cI-aI Magistrate -:.i of First class, AnakapaIIi, \/I-Sakhapatnam DI-Strict 2. The superintendent, c;ntraI JaH VI'Sakhapatnam, Visakhapatnam DistrI'Ct 3. The Sta{l'on House officer, Anakapallj Town police Station, AnakapaI!!- Dl'strjct 4. One CC to SRI. ANAND KUMAR KOCHIR' Advocate [opuc] 5. Two cos to PUBLIC PROSECUTOR, High court of Andhra pradesh [OUT] 6. One spare copy PSR L= .'-``-- HIGH COURT DR.YLR,J DATED : 22/08/2025 BAIL ORDER CRLP.No.8232 of 2025 ALLOWED h a;.:1I 5di` •,.`. /h*d4, \!,lu I lTfl -- :::i-.:::. - - _: .: