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2025 DAILYLAW 29583 (AP)

VASUPALLI MANOJ KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/8513/2025 · 2025-08-29

Y Lakshmana Rao

Transfer Petitionbody2025

Judgment text

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APHC010423902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8513/2025 Between: VASUPALLI MANOJ KUMAR, S/O RAJU, AGED 26 YEARS, R/O D. NO. 20-99-80, JABBARI THOTA, I TOWN AREA, VISAKHAPATNAM CITY. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Through Station House Officer, I Town Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: BANDI PRAVEENA Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.8513 of 2025 Dated 30.08.2025 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 petitioner/Accused No.3 on bail in Cr.No.127 of 2025 of I Town Police Station, Visakhapatnam Commissionerate, registered against the petitioner/Accused No.3 herein for the offences punishable under Section 20 (b) (ii) (B) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 16.07.2025, between 1:00 P.M. and 3:00 P.M., at Old Taluka Building, opposite VCTPL, I Town, Visakhapatnam City, on receipt of credible information, the Sub- Inspector of Police, I Town Police Station, along with his staff and mediators, apprehended Accused Nos.1 to 4, who were found in possession of a gunny bag containing 6 KGs of Ganja in three packets. On interrogation, the accused confessed that they, along with Accused No.5, had purchased the contraband from Araku for Rs.18,000/- for resale in Visakhapatnam. The contraband was seized in the presence of 3 Dr. YLR, J Crl.P.No.8513 of 2025 Dated 30.08.2025 mediators, and the accused were arrested under the cover of a mediator’s report. 3. Ms.Bandi Praveena, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his 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 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 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,and it is urged to dismiss the petition. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4 Dr. YLR, J Crl.P.No.8513 of 2025 Dated 30.08.2025 6. As seen from the record, the petitioner/Accused No.3 is alleged to have indulged in dealing with 6.00 KGs of Ganja. The petitioner was arrested on 16.07.2025 and has been in judicial custody for the past 45 days. So far, five witnesses have been examined, and the investigation is at a nascent stage. Some more material witnesses are yet to be examined. There are several adverse antecedents reported against the petitioner. It is further submitted that the petitioner is involved in two NDPS cases and three IPC offences. The learned Assistant Public Prosecutor submits that the petitioner is a notorious offender, and a rowdy-sheet has also been opened against him. 7. Considering the nature and gravity of the allegations leveled against the petitioner, this Court is not inclined to enlarge the petitioner on bail at this juncture. Hence, the petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.08.2025 RSI 5 Dr. YLR, J Crl.P.No.8513 of 2025 Dated 30.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8513 of 2025 Date: 30.08.2025 RSI