IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAt^Sfi^^ THURSDAY ,THE ELEVENTH DAY OF SEPTEMBEg^^^^^ ' TWO THOUSAND AND TWENTY FIVE -Cv. "F' a o jffti rPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 8958 OF 2025 m Between: 1. Satan Gupta, s/o Sriram Gupta, aged about 22 Years, Boidarwa village Binay Block/mandal, Rechala Police Station, Waste Chowpara Bihar state. Aadhar card No.415897900285 2. Rishi Muni, w/o Sylu chowdari, aged about villalge and post, Sisma block Maharajganj District Uttar Pradesh district 50 years, Chebimunedi mandal, Kotiba Police Station, Petitioners/Accused 1 & 2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. I Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused-1 and A2 on bail in Cr.No 76 /2025 of komarada Police Station,Parvathpuram, Manyam District(formally District) Known as Vizianagaram COUNSEL FOR THE PETITIONERS ; SRI. KAKUMANU JOJI RAJU COUNSEL FOR THE RESPONDENT ; PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER AMRUTHA 2 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 petitioners/Accused Nos.1 & 2 on bail in Cr.No.76 of 2025 of Komarada Police Station, Parvathipura, Manyam District, registered against the petitioners/Accused Nos.1 & 2 herein for the offence punishable under Section 8(c) r/w 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 in brief, is that on 11.08.2025 on receipt of credible information about illegal transportation of ganja, the Sub Inspector of Police, Komarada Police Station along with staff and mediators rushed to the scene of offence i.e. at Kuneru check post and found two persons in suspicious circumstances. The police checked the two persons and found that they are in possession of 14.890 Kgs of ganja. The police apprehended the petitioners/Accused Nos.1 and 2 herein, seized the contraband under the mediators’ report and registered a case in aforementioned crime. The accused were remanded to judicial custody. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: Sri kakumanu Joji Amrutha Raju, learned counsel 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 3. 3 breadwinners of their family and their arrest would cause undue hardship and prejudice to their dependents. The quantity of ganja involved in this case is not a commercial quantity. The Petitioners undertakes to abide by any condition that this Court may impose while granting bail to the Petitioners. It is further submitted that the Petitioners 1 and 2 herein are residents of 4. Bihar and Uttar Pradesh State respectively. 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, Petitioners would not violate it; and it is urged to allow the petition. ARGUMENTS OF THE STATE: Ms.P.Akhila Naidu, learned Assistant Public Prosecutor submits that the 5. petitioners are residents of Bihar and Uttar Pradesh State and if the petitioners are enlarged on bail, there is every chance to abscond from the process of law. POINT FOR CONSIDERATION: In the light of the case of the prosecution and the contentions of the 6. learned Counsel for both the sides, now the point for consideration is: Whether the Petitioners are entitled for grant of bail? ANALYSIS: As seen from the record, it is alleged that the petitioners/ Accused Nos.1 and 2 were indulged in dealing with 14.89 Kgs of ganja. It is not 7. a 4 commercial quantity. The petitioners were spot arrested on 11.08.2025 and they have been in the judicial custody for the past 30 days. Material witnesses have been examined. They are all official witnesses. Prime portion of investigation is completed. Hence, the scope of petitioners interfering with the investigation may not arise. Occasion for the petitioners to tamper the evidence would also not arise. The petitioners have been in the judicial custody for the past 30 days. They were arrested on 11.08.2025. 8. CONCLUSION: 9. 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: The petitioners/Accused Nos.1 & 2 shall be enlarged on bail subject to they executing a 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 Principal Junior Civil Judge at Parvathipuram. The petitioners/Accused Nos.1 & 2 shall appear before the Station House Officer concerned, on every Saturday in between I. II. 5 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.1 & 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioners/Accused Nos.1 & 2 shall not commit or IV. indulge in commission of any offence in future. The petitioners/Accused Nos.1 & 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. The petitioners/Accused Nos.1 & 2 shall not, directly indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her V. VI. or from disclosing such facts to the court or to any police officer. The petitioners/Accused Nos.1 & 2 shall surrender their VII. 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. Accordingly, the Criminal Petition is allowed. 10. SD/- G.HELANAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Junior Civil Judge at Parvathipuram The Superintendent, Central Prison, Visakhapatnam The Station House officer, komarada 2. 3. Police Station,Parvathpuram Manyam District(formally Known as Vizianagaram District) One CC to SRI. KAKUMANU JOJI AMRUTHA RAJU Advocate Two CCS to PUBLIC PROSECUTOR. High Court of A PfOUT] One spare copy 4. [OPUC] 5. 6. HIGH COURT DR.YLR.J DATED: 11/09/2025 BAIL ORDER CRLP.No.8958 of 2025 ALLOWED 11 SEP 1S& s r.m