APHC010460542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9132/2025 Between: 1. MAHENDAR, S/O LALCHAND, AGED 29 YEARS, R/O SYAMNAGAR COLONY, JIND JIND, STATE OF HARYANA. 2. ANJANA BEGUM, W/O JAKEER ALI, AGED 54 YEARS, R/O BLOCK NO. A, H.NO. A-66, SHANABAD DIARY, NORTH WEST DELHI, NEW DELHI. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. ADAPA SUDHAKAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 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.283 of 2025 of Bheemunipatnam Police Station, Visakhapatnam, 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 25.07.2025 at about 17.30 hours on receipt of reliable information about illegal possession of ganja, the Inspector of Police, along with his staff and mediators rushed to the scene of offence i.e. at Bodametlapalem Junction, Bheemili Mandal of Visakhapatnam City and apprehended the petitioners /Accused Nos.1 and 2 herein along with other accused while they were in possession of 8 KGs of ganja. The police seized the contraband and arrested the accused under the cover of mediators’ report and registered a case in the aforementioned crime. The petitioners were remanded to judicial custody. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri D.Rama Koteswara Rao, 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 petitioner No.2 is a woman and she has 3 no way connected to the present case. Accused No.3 is king pin of this crime. Petitioners are the 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 8 Kgs, which is not a commercial quantity. The Petitioners undertakes to abide by any condition that this Court may impose while granting bail to the Petitioners. 4. It is further submitted that the Petitioners 1 and 2 herein are residents of Haryana and New Delhi 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: 5. Ms.P.Akhila Naidu, learned Assistant Public Prosecutor submits that the petitioners are residents of Haryana and New Delhi and if the petitioners are enlarged on bail, there is every chance to abscond from the process of law. 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 allegations against the petitioners/Accused Nos.1 and 2 is that they had indulged in dealing with possession and 4 transportation of 8 Kgs of ganja. It is not a commercial quantity. The petitioners were arrested on 25.07.2025. They have been in judicial custody for the past 46 days. The petitioners 1 and 2 herein are permanent residents of Haryana and New Delhi respectively. So far, seven (7) witnesses have examined. All are official witnesses. Hence, the chance of petitioners threatening the witnesses or tampering the evidence or hampering the investigation would 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 & 2 shall be enlarged on bail subject to they executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for the like sum each to the satisfaction of the XV Additional Judicial First Class Magistrate, Bheemunipatnam. ii. The petitioners/Accused Nos.1 & 2 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. 5 iii. The petitioners/Accused Nos.1 & 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.1 & 2 shall not commit or indulge in commission of any offence in future. v. 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. vi. The petitioners/Accused Nos.1 & 2 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 petitioners/Accused Nos.1 & 2 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. 10. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 11.09.2025 KA 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9132/2025 Date: 11.09.2025 KA