\\\\ IN THE H!Gffl &f:®EL9REE!a ©#" #\;ENtiELjNIffiRA PF&ADE:SH AT' AMARAVATI lrUE€SE:RAY ,THE_ RE§NE:Tfr! DAY I::)F SEPTEMBER TWO T-ELiSusSfl#4\"E} AND TWENITY F:iVE : !PffiESiEERE-I: THE liONl®liulRAEL3±E E}gl:A e#unSbFigE lr. LAKSIHMANA RAO G hB`!ffijlj§ffN§ASEL i:3E"gr§ffiI§®RE RE®: ff!99S, OF ,2025; Betw€,`e n.I Bipin Kumar Ghosh {cj'} AsiJ8# iP€ct`r§d!jr€h\J, FB`ajli, S,/a.SuniI Kumar Ghosh, aged abt 37 years, R/a.FIglt !\\j®.5fJ8`, t*J`ai F€®m€3S AF,arfmentS, Opp. Gopalapatnam Police Station , Visalka.peafiariaj!?hs` ...Petitioner/Ail I._I.::';: The State of A§lc`"r"¢ffl Fr£ir€q,ti$3{:3#i¥ SIH®, Airxpord P.S., Visakapatanam, Represented by itS§, Fu8JkDl§§G i:9r,rJSgfaf;Ljt®S-,, mitjh Cc,ur+ of Andhra Pradesh at Amaravati, Guntur EL`iSj;1I!r-jet. ...Respondent Petition unncieif {¥rieGt:ai®r§L=; i#,jgF;i+,ti €Jng:+: €'¥8::<} ®f B;MSS/ Un(Her Sections 437 & 43§ of Cr.F>.C, praying tit-!grft-a i§i i'hrf;,i {jg:F'{=L!mS'lE{ffinrt,e`S sta1[ecl in llhe memorandum of grounds filed in sELjxpli,a.S{:,i-I €`J¥- tip:fr=± g::tJ!imfiirllai Pe|±iti®Fl, the HI'gh Court may be J pleased to emlarge 4±!~Ilrr+2 §'dTSSfai{^€grJOr#€,i#',Jfj'3`. i ®r`E F&egl,!!ar Bail im FTeSPeCt tO the Crim6 No. 152/2025 om th€9 lFi§S urfuF~ #\isuiF-1SdicaF-E i=j1`E,;, \`lyfiSakai:,atanamo The Petitiom S`'lJlmirB{aj #q=ltiP; f®E€' }`ig,;I;;F|_iFql,g, ugr€Sm ffieruSing the Petit]-on and the memoranclum of grcSl~mfur*`G5 fi:,ii€-rj irl: i:`E~!lPxp®rg frhereOf amd U!POn hearing the arguments ®f SR§ .,¢lRILfljR`!m #{:aha;§'\,fj;4!i§=,; I:,`rti`fl-:`llft+:£`.H !Ril Advt3Cat€! for the Petitioner, and of PUBLIC PR®SEf\r.-,I,"..3!Hif®F¥` full+3.r f5}it¥?i t¥.traS[L1®rid€,bnt, the Coth[rt made the following ``cJ.,4`` .,tit++ I v---¥ -I. / ORDER: The Criminal petition has been filed under sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the petitioner/Accused No.1on bail in Crime No.152 of 2025 ofAirporf Police Station, Vjsakhapatnam, registered against the petitioner/Accused No.1 herein for the offence punishable under section 8 (c) r/w 20(b)(If) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevI'ty' {the NDPS Act!). CASE OF THE PROSECUTION.I 2. Material averments stemming from the prosecution are that on 02.08.2025, at ll.00 A.M., whI'Ie conducting regular vehI'Cle Check, the Inspector of police Airport Police Station, along with mediators went to Madhavadhara Road leading to Lord Madhava Swamy Temple, Madhavadhara, visakhapatnam and found one person on a motor scooty and tried tQ escape from the scene Of OffenCel The police apprehended and on interrogation, he confessed that he is transporting the dry Ganja. The police seI-Zed 4 kgs of Ganja and also 848 Ampoules of Pentazocine Lacta{e I,P Injections from hl-s possession. Then the Sub-Inspector of police arrested the accused, seized the Ganja and also Android Mobile phones under a cover of Mediators report. The petitioner/Accused No.1 was remanded to judicial custody. \_ CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Anand Kumar Kochiri, learned Counsel for the Pet'ltioner submits that the petitioner is daily wage labourer and is having a fixed abode. The contraband involved in this case is 4 kgs which is a non-commercial quantity. The petit-loner undertakes tO Strictly adhere tO any COnd'ltiOnS that may be 'lmposed by this court. In the I-lght of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. ARGUMENTS OF THE STATE: 4. Per cot,fra, Ms.Akhila Naidu, learned Assistant Public Prosecutor, submits that 4 kgs of Ganja was seized from the Petitioner. She submits that material portion of the investigation is completed and 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?" ANALYSIS: 7. As seen from the record, the allegation against the Petitioner/Accused No.1 is that he hacl been founc! in possession Of 4 Kgs of ganja. lt is not a commercial quantity. The petitioner was -also found allegedly in possession Of pentazocine Lactate injections of 853t__ i,n~Jlumber. These injections are not categorized under Psychotropic drug. pen{azocine alone is mentioned as Drug a{ Item No.175 of Schedule attached to tthe NDPS Act'. The petitioner was arrested on 02.08.2025. He has been in judicial custody for the past 38 days. 8. The petI'tiOner has been I'n thejudiCial custodyforthe past 38 days. He -_~---3.- - ___''`- was arrested on 02.08.2025. The petitioner has got fixed abode. He is Permanent resident Of Chintha Komma Dinne Village ancI Mandal of YSR Kadapa District. Material portion of the investigation is completed. prima witnesses have been examined. Therefore, the chances of the petitioner threatening the witnesses or hampering the investigation or {ampering of evidence may not arise. CONCLUSION: 9. Considering the facts and cI'rCumStanCeS Of the Case and the nature and gravity of the allegations levelled against the petitioner/Accused No.1, this Court is inclined to enlarge him on bail with the following stringent conditI-OnS.: i, The petitioner/Accused No.1shaII be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees Twenty thousand only), with two sureties each for the like sum each to the satisfaction of learned Vll Additional Judicial First Class Magistrate at Visakhapatnam; ii. The petitioner/Accused No.1 shall appear before the Station House Officer concerned on every Saturday in between i-\ •`> 10:00 am and o5:00 pm, till cognizance is taken by the learned the TrI'aI Court. iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the station House Officer concerned. iv. The petitioner/Accused No.1 shall not commI-I Or indulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate wI-th the investigating officer in further investigation of the case ancl shall make himself available for interrogation by the investigating officer as and when required; and vi. The petitioner/Accused No.1 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. vii. The petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating officer. 10. Accordingly, the Criminal Petition is allowed. j7;;y!ng;o' S-i:a. ,Li! ELj z=: 4`9 pr¥' I// SD/- N.NAGAMMA ASSISTANT R,EGISTRAR SECTIo#oFFICER To,. 1. The VII Addit!-®ff!a§ `ju\tiiGia! ff\,fla§#j'straEe of First Class, Visakhapatnam 2. The Superintenltii©ri#, ce,nJ±ra! r]'ris®n, v!'sakhapatnam 3. The StatI|On Ht3LjS® Sffl'Seia, Air P®rf Police station, vI-Sakhapatnam District 4. One CC Eo SRi. AREJAF\S® KtoalVIh#frF¥1 KOCLfl!RI Aclvocate [opuc] 5. Two CCs to ffi[lJBL!G PRSSF_:f`3UTOR', High Court of Andhra pradesh [OUT] 6. One spaF® COP-y PSR HIGH COURT DR.YLR,J DATED :09/09/20:25 BAIL tDRDER CRLP.No.8995 ®ff' £!®:ggS ALLOWED ck*"_ _ ` l