IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI t- TUESDAY, THE NINETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE rPRESENT: THE HONOURABLE DIR JUSTICE Y. LAKSHMANA RAO CRIIIINAL PETITION NO: 8975 OF 2025 Yi Between: Nara Yogesh, S/o N.Uma Mahemar Rao resident Street, Kamalapuram, YSR Kadapa District. of D.No. 1/191, Giddangi ...Petitioner/Accused No.5 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, Through Proh. Excise Station, Kaaapa High Court of A.P. Amaravathi. ...Respondent Petition undejr Ssclions 4S,2M37/439 circumstances stated in the memorandum of Criminal Petition, the High Court t bail in connection with the F.? R No Station, Kadapa. of Cr.P.C, praying that in the grounds filed in support of the may be pleased to enlarge the petitioner on 43 of 2025 on the file of Proh. & Excise The Petition coming on ior he-aring, upon perusing the Petition memorandum of grounds filed in support thereof and arguments of SRi T DiWAi<AF\ FtEDDY Advocate PUBLIC PROSECUTOR, for the Res and the upon hearing the for the Petitioner, and of pondent, the Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.5 on bail in Cr.No.48 of 2025 of Prohibition & Excise Station, Kadapa, registered against the petitioner/Accused No.5 herein for the offence punishable under Section 8(c) r/w 2(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecution are that on 05.07.2025 the Sub Inspector of Police, Prohibition & Excise, Kadapa along with staff and mediators reached the scene of offence i.e. Utukur Circle to Rayachoty Bus road and noticed one person sitting on two wheeler and five persons around him having bags in their hands. On seeing the police they tried to run away from the spot, then the Inspector of Police along with staff caught hold of the said five persons. They confessed that they have in possession of 1.2 Kgs of ganja. The police apprehended the petitioner herein along with other accused and seized 1.2 Kgs of ganja from the possession of accused and arrested them under the cover of mediatornama. The accused were remanded to judicial custody. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri T.Diwakar Reddy, learned counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence. 3 The petitioner was arrested on 05.07.2025 and he has been in judicial custody for the past 66 days. It is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to his dependents. The quantity of ganja involved in this case is not a commercial quantity. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioners. It is further submitted that the Petitioner is permanent resident of Kamalapuram of YSR Kadapa District and there is no likelihood of his absconding or evading the process of law. The petitioner has cooperated with the investigation so far and assures continued cooperation in future proceedings. It is also urged that if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the petition. 4. ARGUMENTS OF THE STATE: 5. Ms.P.Akhila Naidu, learned Assistant Public Prosecutor submits that the investigation is still underway and several material witnesses are yet to be examined. It is further submitted that there are no adverse antecedents against the petitioner. POINT FOR CONSIDERATION: 6. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: Whether the Petitioner is entitled for grant of bail? 4 ANALYSIS: 7. As seen from the record, the allegation against the petitioner/Accused No.5 is that he has been indulged in possession of 1.5 Kgs of dry ganja. It not a commercial quantity. The petitioner was arrested on 05.07.2025 and he has been in the judicial custody for the past 66 days. The petitioner i: permanent resident of Kamalapuram of YSR Kadapa District. Material portion of investigation is completed. Prime witnesses have been examined. All witnesses are official witnesses. Hence, the question of petitioner either threatening the witnesses or hampering the investigation or tampering the evidence would not arise. IS IS 8. The petitioner has been in the judicial custody for the past 66 days, he was arrested on 05.07.2025. The petitioner has got fixed abode. He is permanent resident of YSR Kadapa District. CONCLUSION: 9. Considering the nature and gravity of allegations levelled against the petitioner, his alleged role played in this case, the quantity of ganja involved in this case and the period of detention undergone by the petitioner, this Court is inclined to enlarge the petitioners conditions: bail with the following stringent on i. The petitioner/Accused No.5 shall be enlarged on bail subject to he executing a bond for a sum of Rs. 10,000/- (Rupees Ten thousand only) with two sureties each for the like sum each to the satisfaction of the Special Judicial Magistrate for Prohibition & Excise Offences, Kadapa. 5 ii. The petitioner/Accused No.5 shall appear before the Station House Officer, Proh,& Excise Station, Kadapa District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court, iii. The petitioner/Accused No.5 shall not leave the limits of the District without prior permission from the Station House Officer concerned, iv. The petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.5 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required, vi. The petitioner/Accused No.5 shall not, directly or indirectly, make any inducement, threat or promise to any person acquaintedwith the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer, vii. The petitioner/Accused No.5 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. 10. Accordingly, the Criminal Petition is allowed. Sd/- N NAGAMMA ASSISTANT REGISTRAR For ASSISTANT REGISTRAR The Special Judicial Magistrate for Prohibition & Excise Kadapa, YSR Kadapa District The I Additional Sessions Judge, Kadapa The Superintendent, Central Prison, Kadapa, YSR Kadapa District The SHO., Proh & Excise Station, Kadapa District. One CC to SRI. T DIWAKAR REDDY Advocate [OPUC] [OUTl^‘^° prosecutor, High Court of Andhra Pradesh 7. One spare copy //TRUE COPY// To, 1. Offences, 2. 3. 4. 5. 6. PSR HIGH COURT DR.YLR.J DATED:09/09/2025 BAIL ORDER CRLP.No.8975 of 2025 ALLOWED -•.is o Stpis® o m M 6