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2025 DAILYLAW 28720 (AP)

Nerella Kiran Kumar v. The state of Andhra pradesh

CRLP/8520/2025 · 2025-08-27

Y Lakshmana Rao

body2025

Judgment text

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APHC010410042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8520/2025 Between: Nerella Kiran Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PADALA VEERA VENKATA NAGA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’)by the petitioner/A7 for granting of pre-arrest bail in connection with Crime No.121 of 2023 of Rampachodavaram Police Station, East Godavari District, registered for the alleged offences punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 2 2. The case of the prosecution, in a nutshell, is that on 18.11.2023 at 11.00 a.m., on Tar Road (Maredumilli-Rampachodavaram) outskirts of Pedha Geddhada Village, on credible information about illegal possession and transportation of ganja, the Sub Inspector of Police along with his staff and mediators found A1 and A2 while they were possessing and transporting 60 kgs of ganja packed in three plastic bags in Auto bearing No.AP-31-TG-3642 and motor cycle bearing No.AP-31-CH-6283. Thereafter, the contraband and other materials were seized under a cover of mediatornama and accused No.1 and 2 were arrested and remanded to judicial custody. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Mr.P.V.V.Nagaraju, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per contra, Sri Neelothpal Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not yet completed; if the petitioner is granted pre-arrest bail, she will repeat the same offence, and it is urged to dismiss the bail petition. 6. The petitioner/A7 was allegedly indulged in dealing with 60 kgs of ganja, which is a commercial quantity. The petitioner filed this petition seeking for 3 grant of pre-arrest bail. He contends that the petitioner was already arrested in connection with Crime No.120 of 2023 and he was enlarged on bail. Two citations not maintainable. In view of those Judgments, the petitioner is ___ for grant pre-arrest bail In the result, the petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 28.08.2025 S D P 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8520 of 2025 Date:28.08.2025 S D P