[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE iPRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8477 OF 2025 ■ ■ -• V - . '/■ / Between: Godugu Azeez, S/o G. Mahaboob Basha, Aged about 21 resident of D.No. 1/571, Rajiv Gandhi Nagar Kadapa City, Y.S.R Kadapa District. years. Petitioner/Accused No.3 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, Through Proh. & Excise Station, Kadapa, High Court of A.P. Amaravathi. Respondent Petition under Sections 437 & 439 of Cr.P.C, is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in connection with F.I.R No. 52 of 2025 on the file of Proh. & Excise Station, Kadapa. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri T DIWAKAR REDDY, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; i ORDER; This criminal petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner-accused No. 3 on bail in crime No. 52 of 2025 of Prohibition and Excise Station, Kadapa, registered for the offence punishable Section 8 (c) read with Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. under 2. Case of the prosecution is that on 18-07-2025, the Prohibition and Excise Inspector, Kadapa, along with staff and mediators Samadulathota in Indranagar, Chinthakommadinne Village and found auto, three persons sitting on three two-wheelers and three others standing by holding black plastic bags in their right hands. Then, the Prohibition and Excise Inspector along with staff detained accused Nos. 2 to 5 and A7 while accused No. 6 escaped from the scene of offence. On enquiry, accused No. 2 revealed that he along with accused Nos. 3 and 4 purchased 2 K.Gs. of Ganja from accused No. 1 and they in turn gave it to their friends accused Nos. 5 to 7 and he had dry Ganja in two-wheeler. Then, the Prohibition and Excise Inspector, after following the procedure, searched and seized 2 K.Gs. of Ganja from their possession under of panchanama. reached one were a cover 3. Sri T.Diwakar Reddy, learned counsel for the petitioner, contends that the petitioner is innocent of the alleged offence and has been falsely 3 implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. Per contra, Ms. Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 4. 5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner-accused No. 3 was arrested on 18-07-2025 on the allegation that he and accused Nos. 1, 2 and 4 to 7 were found in possession of 2 K.Gs. of Ganja which is not a commercial quantity. The petitioner is permanent resident of Kadapa City. The petitioner-accused No. 3 has been in judicial custody for the past 34 days. All the witnesses official witnesses. are Material portion of the investigation is completed. Important witnesses have been examined. Therefore, the question of the f > 4 petitioner threatening the witnesses or interfering with the investigation process may not arise. 7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner-accus ed No. 3, this Court is inclined to enlarge him on bail with the following stringent conditions; (i) The petitioner-accused No. 3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of learned Special Judicial Magistrate of I Class for Trial of Prohibition and Excise Offences, Kadapa; (ii) The petitioner-accused No. 3 shall appear before the Station House Officer concerned on every Saturday in between 10 a.m. ( and 5 p.m. till cognizance is taken by learned Trial Court; (iii) The petitioner-accused No. 3 shall not leave the limits of the district without prior permission from the Station House Officer concerned: (iv) The petitioner-accused No. 3 shall not commit or indulge in commission of any offence in future; (V) The petitioner-accused No. 3 shall cooperate with the investigating officer in further investigation of the case and shall 5 V s make himself available for i officer as and when required' and interrogation by the investigating (vi) The petitioner-accused No. make 3 shall not. directly or indirectly, or promise to any inducement, threat acquainted with the facts of the from disclosing such facts to the any person case so as to dissuade him/her court or to any police officer. 8. The criminal petition is accordingly allowed. SD/-B.CH1TTI JOSEPH ASSISTANT Ri TRAR //TRUE COPY// SECTION OFFICER F I To, 1. The Special Judicial Magistrate of First Class for Trail of Prohibition Excise Offences. Kadapa 2. The I Additional Sessions Judge. Kadapa 3. The Superintendent. Central Prison. Kadapa 4. The Station House Officer. Prohibition and Excise Station 5. OneCCto SRI. T DIWAKAR REDDY Advocate [OPUC] 6. Two CCs to Public Prosecutor. High Court of AP [OUT] 7. One spare copy and Kadapa KJ high court dr.ylr,j DATED:20/08/2025 bail order CRLP.No.8477 of 2025 allowed