APHC010452732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8996 and 9014 /2025 CRIMINAL PETITION NO: 8996/2025 Between: 1. RAVULAKOLLU AJAY, S/O. R. RAMAKRISHNA, AGE ABOUT 25 YEARS, R/O. D.NO 93-67-259, MAMILLAPALLI (V), CHINTHAKOMMADINNE (M), YSR KADAPA DISTRICT 2. GAMPA MAHESH, S/O. G. GOVINDAIAH, AGE ABOUT 24 YEARS, R/O. D.NO 963/139-641, INDHIRA NAGAR, KADAPA, YSR KADAPA DISTRICT 3. SHAIK HUSSAIN VALLI, S/O. S. VALLI, AGE ABOUT 25 YEARS, R/O. D.NO 15-25, SIVANANDAPURAM, KADAPA 4. MALLIGELI KHADER MOHIDDIN, S/O. M. KHADER VALLI, AGE ABOUT 28 YEARS, R/O. D.NO 68/1420, PRAKASH NAGAR, KADAPA ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Through Proh Ss Excise Station, Kadapa . ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 9014/2025 Between: 1. KAVADI SREENU, AGE 24 YEARS S/O. K.VENKATESH, AGED ABOUT 24 R/O. D.NO. 6/6-186, RIKSHA COLONY, BADWEL TOWN AND MANDAL, Y.S.R. KADAPA DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These two petitions are heard and disposed of by this common order as they arise out of one crime. The Criminal Petitions 8996 and 9014 of 2025 have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.1, 3 to 5 and 2 respectively, on bail in Crime No.53 of 2025 of Prohibition and Excise Station, Kadapa, Kadapa District registered against the petitioners/ Accused Nos.1, 3 to 5 and 2 for the offences punishable under Section 8(c) read with 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: 2. The case of the prosecution is that on 26.07.2025, the Prohibition and Excise Inspector, Kadapa, along with staff and mediators reached vacant place near Putlampalli Cheruvu and found Accused Nos.1 to 5, while transporting and in possession of 1.5 Kg of dry ganja. Police seized 1.5 Kg of dry ganja and four mobile phones under a cover of mediators’ report and registered the above crime. Petitioners / Accused Nos.1, 3 to 5 and 2 were arrested and remanded to judicial custody. Page 4 of 8 CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS: 3. Sri Shaik Mohammed Ismail and Sri S. Rama Lakshmana Reddy, learned counsels for the Petitioners submits that the Petitioners are innocent and have been falsely implicated in the alleged offence, without any cogent evidence linking them to the commission of the crime. It is contended that the Petitioners are the sole breadwinners of their family and their arrest would cause undue hardship and prejudice to their dependents. Learned counsel for Accused No.2 submits that wife of Accused No.2 is eight months pregnant. The quantity of ganja involved in this case is not a commercial quantity. The Petitioners undertake to abide by any condition that this Court may impose while granting bail to the Petitioners. 4. It is further submitted that the Petitioners are permanent residents of Kadapa District and there is no likelihood of their absconding or evading the process of law. The Petitioners have 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. 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 petitioners. 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 Petitioners are entitled for grant of bail?” ANALYSIS: 7. As seen from the record, the allegation against the petitioners herein is that they had been indulged in transportation of ganja. It is not a commercial quantity. The petitioners were arrested on 26.07.2025. They have been in the judicial custody for the past 46 days. The petitioners are permanent residents of Y.S.R Kadapa District. There are no adverse antecedents reported against the petitioners. All the witnesses are officials. Prime portion of investigation is completed. Hence, the scope of petitioners threatening the witnesses or tampering the evidence or hampering investigation may not arise. CONCLUSION: 8. Considering the nature and gravity of allegation levelled against the petitioners, their alleged role played in this case, the quantity of ganja involved in this case and the period of detention undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioners/ Accused Nos.1, 3 to 5 and 2 respectively 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 Special Judicial Magistrate of Prohibition and Excise offices, Kadapa. ii. The petitioners/ Accused Nos.1, 3 to 5 and 2 respectively 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. iii. The petitioners/ Accused Nos.1, 3 to 5 and 2 respectively shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/ Accused Nos.1, 3 to 5 and 2 respectively shall not commit or indulge in commission of any offence in future. v. The petitioners/ Accused Nos.1, 3 to 5 and 2 respectively 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, 3 to 5 and 2 respectively 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. Page 7 of 8 vii. The petitioners/ Accused Nos.1, 3 to 5 and 2 respectively shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petitions are allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.09.2025 KA THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8996 and 9014 of 2025 Date: 09.09.2025 KA