IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ■PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMAN CRIMINAL PETITION NO: 8725 OF 2025 Between: R Sanjai, M/A-19 YEARS, S/o, Ramu, No 6 B, Bajanai Ondikuppam, Vengathur, Manavalanagar, Tiruvallur, Tamil Nadu - 602 002. ... Petitioner/Accused-3 koil street, AND The State, Rep. by its Public Prosecutor, The Sub-Inspector of Police Town Police Station, (Crime No.85 of 2025) Kakinada district, Andhra Pradesh ...Respondent/Complainant Tuni Petition under Sections 480 & 483 of BNSS/ Under Sections 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner on bail in the crime no. 85 of 2025 of Tuni Town Police Station pending on the file of respondent police. 437 & The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI CHARAPARtHI SIVA MAHESH Advocate for the Petitioner,^ and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following APHC010432082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8725 OF 2025 Between: 1.R SANJAI, M/A-19YEARS, STREET, S/0, RAMU, NO 6 B, BAJANAI KOIL MANAVALANAGAR, ONDIKUPPAM, VENGATHUR TIRUVALLUR, TAMIL NADU - 602 002. ...PETITIONER/ACCUSED AND 1.THE STATE, Rep. by its Public Prosecutor, The Sub-Inspector of Police, Tuni Town Police Station, (Crime No.85 of 2025) Kakinada district, Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused; 1.CHARAPARTHI SIVA MAHESH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order: The Criminal Petition has been filed under Sections 437 and 439of 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/AccusedNo.3 on bail in Crime No.85 of 2025 of Tuni Town Police Station, Kakinada District, registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 8(c) read with 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. 2. The case of the prosecution is that on 23.05.2025 at about 03:00 p.m, on receipt of credible information regarding the illegal transportation of contraband, the Sub-Inspector of Police, Tuni Town Police Station, obtained permission from the Sub-Divisional Police Officer, Peddapuram, to conduct a raid. The Sub-Inspector secured the presence of two mediators, his staff conducted the raid at the location under the flyover bridge near Narsipatnam bus stop, Tuni Town. The police apprehended the accused Nos.1 to 5, along with a Child in Conflict with Law (CCL), and found in their possession 20 KGs of Ganja, worth Rs. 1,00,000/-, was seized in the presence of the mediators. Upon questioning, the accused confessed that, at the request of A-3 to A-5 and the CCL, the accused Nos.1 and 2 arranged 20 KGs of Ganja by taking Rs.1,00,000/- from them. While the accused Nos.1 and 2 were handing over the contraband to accused Nos.3 to 5 and the CCL at the flyover bridge near Narsipatnam bus stop, Tuni.^The police seized the contraband under the cover of a mediators' report, and the accused were remanded to judicial custody. 3. Sri Charaparthi Siva Mahesh, the learned counsel for the Petitioner submits that the Petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court; and urged to enlarge the Petitioner on bail. 4.Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined: investigation is not completed; if the Petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and it is urged to dismiss the bail application. 5. Heard leaned counsel for the Petitioner and learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the Petitioner is that he along with other accused had indulged in dealing with 20 Kgs of ganja. The Petitioner/Accused No.3 was arrested on 23.05.2025. The Petitioner has been in judicial custody since then. The alleged contraband was seized from the possession of Accused No.3 while he was transporting 20 Kgs of Ganja, which is not a commercial quantity. There are no adverse antecedents against the Petitioner as per the submission of the learned Assistant Public Prosecutor. This Court in Crl.p.No.7436 of 2025 dated 24.07.2025 enlarged the Accused No.4 and 5 on bail. 7. Keeping into consideration the nature of allegations leveled against the Petitioner, his alleged role played in this case and the period of detention undergone by him in the judicial custody, this Court is inclined to enlarge the petitioner on bail with certain stringent conditions. 8. In the result, the Criminal Petition is allowed with the following conditions; (i) The Petitioner/Accused No.3 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate at Tuni. (ii). The Petitioner/Accused No.3 shall appear before the Station House Officer, Tuni Town Police Station, Kakinada District, on every Saturday in between 10:00 am and 05:00 pm, till the filing of charge sheet. (iii). The Petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the learned Trial Judge. (iv). The Petitioner/Accused No.3 shall not commit or indulge in similar offences in future. (v). The Petitioner/Accused No.3 shall co-operate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER 1. The Judicial First Class Magistrate at Tuni, East Godavari District 2. The Superintendent, Central Prison, Rajamahendravaram, East Godavari District 3. The Station House Officer, Tuni Town Police Station, Kakinada district, Andhra Pradesh 4. One CC to SRI. CHARAPARTHI SIVA MAHESH Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy //TRUE COPY// To, PSR HIGH COURT DR.YLR.J DATED:01/09/2025 BAIL ORDER CRLP.No.8725 of 2025 ALLOWED