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2025 DAILYLAW 28826 (AP)

S Mani v. The State of Andhra Pradesh

CRLP/8301/2025 · 2025-08-17

Y Lakshmana Rao

body2025

Judgment text

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I IN THE HIGH--COURT OF ANDHRA PRADESH AT AMA MONDAY, THE EIGHTEENTH DAYS OF AUGUS TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8301 OF 2025 Between : S Mani, S/o D.Sridhar, Agec! about 23 years, R/o D.No. 4-71, Guntakatta Street, Vasudevapuramu, Nethamkhandriga, Nagari MandaI, Chittoor District ...Petitioner/Accused No.ng AND The State of Andhra Pradesh, Rep.by its Public Prosecutor, Through Station House Officer, Proh and Excise Police Station, Ongole, Prakasam district ...Respondent/Complainanti Petition under Sections 480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High' Court may be pleased to enlarge/release th6r petitioner herein/ Accused Not.1 ton regular bail in Crime No. 77 of 2025 on the file of Proh & Excise Police Station, Ongole, Prakasam district ciated' 01.07-2025. The Petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the:: arguments of SRI SHAIK ASIF Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following ysF¥.I-_I;I-:-?_:,::..+- i_J~-i_,i_.+^7l~=.'t) _ _ -.-r=-_-i~_-I:-_, ='-,_*s-¢=- 2 -| . \ /I The Co-urt 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.J)/ Sections 480 and 483 o_i the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the petitioner/Accused No.1 on bail in Crime No.77 of 2025 of Proh. & Excise Station, Ongole, Prakasam District, registered against the petitioner/Accused No.1 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 lthe NDPS Act'). 2. The case of the prosecution is that on receipt ofCredible information about illegal transportation and possession of ganja, on 01.07.2025,I the Proh.& Excise Inspector, P & E Station, Ongole along with staff and mediators conducted raids at Compound wall of ABM College Ground, which is opposite to ongo]e Railway Station and found the petitioner herein with one black colour bag. On search of the bag, the police found 8 Kgs of ganja in four packets. The seized the ganja under the cover of a mediatornama and registered an FIR. During the investigation, the accused was apprehended and remanded to judicial custody on o1.07.2025. 3. Mr.Shaik Asif, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the pol®lce. The petitioner is permanent resident of Nagari Mandal of Chittor \```tt <jfe; .. 3 '-\ District and he has fixed abodes. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further -'b submits that the petitioner was arrested on 01.07.2025 for allegedly indulged : in 8 Kgs of ganja transportation and possession and it is urged to enlarge the petitioner/Accused No.1 on ba'll. 4. Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that material portion of investigation is completed in this case. She further submits that there are no adverse antecedents against the petitioner. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner herein was allegedly indulged in possession and transportation of 8 Kgs of ganja which is below commercial quantity. The petitioner was arrest'ed on 01.07.2025 and he has been in judicial custody for the past 48 days. The petitioner is, permanent resident of Nagari Mandal of Chittoor District. There are no adverse antecedents as submitted by learned Assistant Public Prosecutor. Material portion of the investigation is completed. A]] the witnesses examined are official witnesses. Therefore, the question of petitioner threatening the witnesses and hampering of investigation may not arise. 7. Considering the facts and circumstances of the case, the alleged-role played by the petitioner herein and the contraband -Involved in this case is not .t 4 / a' commercial quantity, this Court is inclined {o enlarge the petitioner on bail with the following stringent conditions: .t i. The petitioner/Accused No.1 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 First Class Magistrate Court for Excise, Ongole. ii. The petitioner/Accused No.1 shall appear before the Proh. &-Excise Statl'on, Ongole, Prakasam 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 petitioner/Accused No.1 shall not leave the limits of the DI'StriCt Wl'thOut Prior Permission from the Station House Officer concerned. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer-as and when required. vi. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement,' threat or promise to any person ed ---=` 5 acqual-nted with the facts of the Gas-e so as to dissuade him/her from dl-sclosing such facts to the court or to any poll-Ce officer. vil-. The petI|tI|Oner/Accused No.1 sha" surrender hI-S Passport, I'f any, to the ,'nvestigatjng offI|Cer. If he claI'mS that he does not have a passport, he sha" submit an affl-davI't tO that effect to the lnvestigatI-ng Offl-cer. AccordI-ngly, the crl'mI'nal Petjtl-on js allowed. //TRUE COPY// To, SD/- K.SRINIVASA RAJU ASSISTANT RasRAR SECTION OFFICER 1 The speclal JudIClaj Flrs{ class Magls{rate court for ExcISe, Ongole, Prakasam Dl-strict 2 The superlntendent, DIStr!ci Jall, ongole, prakasam Dlstrlct 3 station House officer, prohJblt,on and Exclse polJCe S{atlon, ongole, Prakasam dl'stn-ct 4. One cc to sRl sHAIKASIFAdvocate [opuc] 5 Two cos to PUBLIC PROSECUTOR, Hlgh court of Andhra pradesh [OUT] 6. One spare copy PSR HIGH COURT DR.YLR,J DATED:18/08/2025 BAIL ORDER CRLP.No.8301 of 2025 ALLOWED \