APHC010429722025 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: 8618/2025 Between: Buridi Vinay, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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.1 and 2 on bail in Crime No.281 of 2025 of Arilova Police Station, Visakhapatnam District, registered for the offences punishable under Section 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 2 2. The case of the prosecution, in a nutshell, is that on 15.07.2025 at 16.00 hours, at Kailasagiri Hill, Arilova, Visakhapatnam, on credible information about illegal possession and selling of ganja, the Sub Inspector of Police along with his staff and mediators found A1 and A2 in possession of 2.300 kgs of ganja. Thereafter, the contraband was seized under a cover of mediatornama and accused Nos.1 and 2 were arrested and remanded to judicial custody. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 4. Mr. G.Maheswara Rao, learned counsel for the petitioners submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioners are the habitual offenders, some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition. 6. The petitioners/A1 and A2 were allegedly indulged in dealing with 2 kgs of ganja. There is no adverse or incriminating antecedent against the 3 petitioners. They were arrested on 15.07.2025. They have been in judicial custody for the past 45 days. The petitioners are permanent residents of Visakhapatnam. As substantial portion of the investigation has been completed and all the witnesses are official witnesses, the possibility of the petitioners threatening the witnesses, hampering the investigation, or tampering with the evidence may not arise. 7. Considering the nature and gravity of the allegations made against the petitioners, their alleged roles played in the case, and the period of detention already undergone by them, this Court is inclined to enlarge the petitioners on bail. 8. In the result, the criminal petition is allowed with the following stringent conditions: i. The petitioners/Accused Nos.1 and 2 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 for the like sum each to the satisfaction of the learned I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. 4 iii. The petitioners/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.1 and 2 shall not commit 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 make themselves available for interrogation by the investigating officer as and when required. 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 police officer. 9. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.08.2025 S D P 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8618 of 2025 Date:30.08.2025 S D P