APHC010412912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8319/2025 Between: HARI HARAN, S/O KASI MAYA AGED ABOUT 21 YEARS, R/O 8/1231, SRI NAGAR, 4TH STREET, TIRUPPUR, PICHAMPALAYAMPUDDUR, TIRUPPUR DISTRICT, TAMIL NADU. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, SHO, Government Railway police Station, Gudur, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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/Accused No.1 on bail in Crime No.84 of 2025 of Government Railway Police Station, Gudur, 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 ‘the NDPS Act’). 2. The case of the prosecution is that on receipt of credible information about illegal transportation and possession of ganja, on 11.07.2025 at 15.00 hours at the North end of Platform No.1, Gudur Railway Station, the Inspector of Police, GRP Circle, Nellore along with mediators reached the scene of offence, apprehended the petitioner herein while he was in possession of 12 Kgs of ganja. The police 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 11.07.2025. 3. Mr.Bhooma Maharshi 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 3 any conditions that may be imposed by this Court. Learned counsel further submits that the petitioner was arrested on 11.07.2025 for allegedly indulged in 12 Kgs of ganja transportation and possession and it is urged to enlarge the petitioner/Accused No.1 on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that some more material witnesses have to be examined. She further submits that the petitioner herein is resident of Tiruppur District of Tamil Nadu State, and it is urged to dismiss the bail application. 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 was allegedly indulged in possession and transportation of 12 Kgs of ganja which is below commercial quantity. The petitioner was arrested on 11.07.2025 and he has been in judicial custody for the past 38 days. The petitioner is at an impressional age of 21 years. There are no adverse antecedents as submitted by learned Assistant Public Prosecutor. All the witnesses examined are official witnesses and the material portion of investigation is completed. 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 period of detention undergone by the 4 petitioner, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: 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 Magistrate of First Class, Special Railway Court, Nellore. ii. The petitioner/Accused No.1 shall appear before the Government Railway Police Station, Gudur, 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 petitioner/Accused No.1 shall not leave the limits of the District without 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 5 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. vii. The petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.08.2025 KA 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8319/2025 Date: 18.08.2025 KA