lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETI"ON NO: 8517 OF 2025 Between : 1. ShaI'k Gaibu Sabvalli, S/o S.Sadak Basha, aged 35 years, R/o Door No. 16/936, Masapeta, Kadapa City, Y.S.R.Kadapa District. 2. Gopireddy Maneesh Kumar Reddy, S/o G.Sreenivasulu Reddy aged 24 \ years, R/o Door No.2/112, Bayanapalli, Kondapeta, Chennur Mandal, YSR Kadapa District .I, Petitioners/ Accused Mos.1 & 2 AND The State Of Andhra Pradesh, Station House OffI-Cer, Prohibition and Excise Station, Kadapa, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi .... Respondenft Petition under section 483 of BNSS 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 grant Regular Bail to the Petitioners by- enlarging them on bail in crime No. 49 of 2025 of Prohibition and Excise Station, Kadapa, Kadapa District. The petition coming on for hearing, upon perusing the petl-lion and the affidavit filed in support thereof and upon hearing the arguments of sR! MATADA YUVASIVA SWAMY Advocate for the petitioners, Assistant Public Prosecutor for the respondent and the court made the following. ORDER rs:uirs!:a::ssse:aEg3JnltRE,`Xf>ST_`>;:Z:;± / ORDER: This Criminal Petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners-accused Nos. 1 and 2 on bail in crime No. 49 of 2025 of .Prohibition and Excise Station, Kadapa, registered for the offence punishable under Section 8 (c) read with Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is that on 05-07-2025, the Prohibition and Excise Inspector, Kadapa, along with his staff and mediators reached Apsara Circle and fond two persons sI|tting On 2 two-wheelers having plastic covers in their hands. Then, the Prohibition and Excise Inspector detained them and on enquiry, they confessed the offence. Then, the Prohibition and Excise Inspector, after following the procedure, searched them and found 1100 Grams of dried Ganja ih their possession. Then, he arrested accused Nos.1 and 2 and seized 1100 Grams of dried Ganja.and 2 two-wheelers from their possession und.er a cover of mahazarnama. 3. Sri M.Yuvasiva Swamy, learned counsel for the petitioners,I contends that the petitioners are innocents of the alleged offence and have been falsely imp[I'Cated by the POliCe. lt iS further Submitted that the Petitioners are the sole earning members of their family and, therefore, their continued incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposec! by this Court. ln light of -'``* + 3 the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per confra, Ms. Akhila Naidu, learned Assistant public Prosecutor, vehemently opposed the grant of bail to the petitioners, subinjttI'ng that the investigation js 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. ln View Of the foregoing, it is urged that the petI-lion b6 dismissed. 5. Heard learned counsel for the petitioners and learned Assistant public Prosecutor. perused the record. 6. As seen from the record, the petI'tiOnerS-accused Nos. 1 and 2 were allegedly indulged in dealing with 1100 Grams of dried Ganja which is not a commercial quantity. There are no adverse antecedents reported against the petitI'OnerS by learned Assistant pubic prosecutor. The petI'tiOner Were arrested on o5-07-2025 and they have been in judicial custody for the past 48 days. The petI'tI-OnerS-accused Nos. 1 and 2 are permanent residents of Kadapa City and Kondapet village of Chennur Mandal respectively. Mat6rI'aI witnesses have been examined. All the witnesses are officI'al witnesses. Therefore, question of the petI'tiOnerS threatening the wI|tneSSeS Or ,-nterfering with the investI'gatjOn Process Or hamperI|ng the eVl-denCe may not arise. _i3-=3, 4 7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioners-accused Nos. 1 and 2, this Court is inclined to enlarge the petitioners-accused Nos. 1 and 2 on bail with the following stringent conditions: (i) The petitioners-accused Nos.1 and 2 shall be enlarged on bail subject to their executing each a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of learned Special Judicial Mag'istrate of I Class for trial of Prohibition and Excise Offences, Kadapa; (ii) The petitioners-accused Nos.1 and 2 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 the learned the Trial Court; (iii) The petitioners-accused Nos. 1 and 2 shall not leave the limits of the district without prior permission from the investigating officer; (iv) The petitioners-accused Nos. 1 and 2 shall not commI't Or indulge in commission of any offence in future; (v) The petitioners-accused Nos. 1 and 2 shall cooperate with the investigating officer in further investigation of the case and shall \| (vi) The petitioners-accused Nos. 1 and 2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any poII'Ce Officer; and (viI|) The petitioners-accused Nos. 1 and 2 shall surrender their Passports, I'f any, tO the investI'gating officer. If they claim that they do not have passport, they shall submit an affidavit to that effect to the investigatI-ng Officer. 8. The criminal petition is accordingly allowed. //TRUE COPY// SD/- ASSISTA ISTRAR SECTION OFFICER To, 1. The Special Judicial Magistrate for prohibition & Excise Offences, S Kadapa, Kadapa DI|StriCt. 2. The Superintendent, Judicial Remand in Central Prison, Kadapa. 3. The Station House Officer, Prohibition and Excise Station, Kadapa. 4. One CC to SRl. MATADA YUVASIVA SWAMY Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[ouT] 6. One spare copy ksr i;,Sf£gr-Tho€;; i \% 1\ ELuB1'\: th HIGH COURT DR.YLR, J DATED:21/08/2025 BAIL ORDER CRLP.No.8517 of 2025 ALLOWED