i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI . , ■ TUESDAY, THE NINTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8377 OF 2025 ssa:-;. ■3^ ■'sa. / Between: 1. Kavvaji Pavan Kumar, S/o K.Raja, aged 26 years, R/o Chintakomma Dinne Village & Mandal, Y.S.R. Kadapa (Kadapa) District. 2. Shaik Inthiyaz, S/o S.Rahamathulla, aged 25 years, R/o D.No. 57/227-10-2, Shastri Nagar, Akkayapalli, Kadapa Town, Y.S.R. Kadapa District. ...Petitioner/Accused Nos.2 & 5 AND The State of Andhra Pradesh, Station House Officer, Prohibition and Excise Station, Kadapa, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent Petition under Sections 480 & 483 of BNSS, 2023, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant Regular Bail to the Petitioners by enlarging them on bail in Crime No.51 of 2025 of Prohibition and Excise Station, Kadapa, Kadapa District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Matada Yuvasiva Swamy, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following i 2 Dr. YLR, J Crl.P.No.8377 of2025 Dated 19.08.2025 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.2 and 5 on bail in Cr.No.51 of 2025 of Prohibition & Excise Station Kadapa District, registered against the petitioners/Accused Nos.2 and 5 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 18.07.2025, at about 01.00 P.M., the Prohibition & Excise Inspector, P&ESI, Prohibition & Excise Station, Kadapa, along with the Inspector, ESTF, Prohibition & Excise, YSR Kadapa, and his staff, at about 1.5 kms south of Chinthamommadinne Village and Mandal, YSR Kadapa District, arrested Accused Nos.2 to 7, while Accused No.1 is yet to be arrested, and seized 2.00 kgs of ganja worth Rs.40,000/-, one black colour TVS Ntorq scooter, one yellow Bajaj auto, one blue colour Scooty Pep, one KTM 3 Dr. YLR, J Crl.P.No.8377 of2025 Dated 19.08.2025 Duke, and four mobile phones from their panchanama. possession under cover of 3. Mr.Yuvasiva Swamy, the learned counsel for the petitioners contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police, petitioners are the sole It is further submitted that the earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant 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 view of the foregoing submissions, the petition be dismissed. Public it is urged that 4 Dr. YLR, J Crl.P.No.8377 of2025 Dated 19.08.2025 Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. 6. As seen from the record, the petitioners/Accused Nos.2 and 5 were allegedly found in possession and transportation of 2.00 kgs of ganja, which is not a commercial quantity. The petitioners have been languishing in jail since 18.07.2025 and have been in judicial custody for nearly 32 days. The petitioner/Aecused No.2 is a permanent resident of Chintakomma Dinne Village and Mandal, YSR Kadapa District. The petitioner/Accused No.5 is a permanent resident of Shastri Nagar, Akkayapalli, Kadapa Town, YSR Kadapa District. The material portion of the investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioners influencing or threatening the witnesses or hampering the investigation may not arise. Considering the period of detention undergone by the petitioners/Accused Nos.2 and 5 in the judicial custody for the past 32 days, the nature and gravity of allegations levelled against the petitioners, and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: 7. 5 Dr. YLR, J Crl.P.No.8377 of2025 Dated 19.08.2025 i. The petitioners/Accused Nos.2 and 5 shall be enlarged on bail subject to they executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), each with two sureties each for the like sum each to the satisfaction of the learned Special Judicial Magistrate for Prohibition & Excise Offences, Kadapa District. The petitioners/Accused Nos.2 and 5 shall before the Station House Officer concerned II. appear 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.2 and 5 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.2 and 5 shall not commit or indulge in commission of any offence in future. The petitioners/Accused Nos.2 and 5 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.2 and 5 shall not, directly or indirectly, make any inducement, threat or promise to any V. 6 Dr. YLR,J Crl.P.No.8377 of2025 Dated 19.08.2025 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. 8. Accordingly, the Criminal Petition is allowed. Sd/-K.TATA RAO DEPUTY REGISTRAR //TRUE COPY// Co SECTION OFFICER To, 1- The Special Judicial Magistrate Kadapa, Kadapa District. 2. The Superintendent, Central Prison, 3. The Station House Officer, Kadapa District. 4. One CC to Sri Matada Yuvasiva 5. Two CCs Amaravati.[OUT] 6. One spare copy. for Prohibition and Excise Offences, Kadapa. Prohibition and Excise Station, Kadapa Swamy, Advocate [OPUC] High Court of to PUBLIC PROSECUTOR A.P.. PSD HIGH COURT DR.YLR,J DATE: 19/08/2025 BAIL ORDER CRLP.No.8377 of 2025 ALLOWED