lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAri;i`£fe#g!¥<€1:`';f':;i TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER' #§3`i€:§i§&i¥i:A;:i;`;r;i TWO THOUSAND AND TWENTY FIVE Z .|PRESENT: TgrfHONOURABLE D-; J`u-s-T-Il;=' Y. LAKSHMANA RAO >¥+u-: CRIMINAL PETITION NO: 9325OF2025 / Between: vasupalli Manoj Kumar, S/o Raju, aged 26 years, R/o D.No.20-99-80, Jabbari Thota, I Town Area, Visakhapatnam city. ...Petitioners/Accused No.3 AND The State of Andhra Pradesh, Through Station House Officer, I Town police Station, visakhapatnam, Rep by its publlc prosecutor, High Court / of Andhra Pradesh, Amaravathi, Guntur District. ...Respondent/complaI'nant Petition under section 437 & 439 of Cr.P.C (Under Section 480 & 483 of BNSS, 2023) js fI'led Praying that in the circumstances stated in the memorandum of grounds of criminal petition, the High Court may be op:e2aOS2e5d ot: trhe:ef:ISeeo:ht: ep le:I:ownne : :I:ceB a: :: : ocno[nnn;:st:oknh aw:{aht nca r:T e#12 7 The petition coming on for hearing, upon perusing the petition and the memorandum of grounds of criminal petition and upon hearing the {/ arguments of M/s Bandl- praveena, Advocate for the petI-tiOner and Public prosecutor for the Respondent, the court made the following,I ORDER: The Criminal Petition has been filed under Sections 437 anc! 439 of the Code of Criminal Procedure,1973 (for brevity lthe r`r.P.C.I)/ Sections Ei =jiI I i Dr. YLR, J Crl.P.No.9325 of 2025 Dated 16.09.2O25 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seeking to enlarge the Petitioner/Accused No.3 on bail in crINo.127 of 2025 of I Town Police Station, Visakhapatnam commissionerate, registered against the petitioner/Accused No.3 herein for the offences punishable under Section 20(b)(ii)(B) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brev'lty [the NDPS Actl). 2. The case of the prosecution is that On 16.07.2025, between 13:00 and 15:00 hours, at Old Taluka Building, opposite VCTPL, I Town area, Visakhapatnam City, on receipt of credible information, the Sub-Inspector of police, I Town Police Station, along with staff and mediators, apprehended Accused Nos.1 to 4, who were found with a gunny bag and attempted to flee on sight of the police. On questioning, they revealed their identities and confessed that they, along with Accused No.5, had. purchased Ganja at Chaparai, Araku, for Rs.18,000/-and brought it to Visakhapatnam for sale. During the search conducted in the Presence Of - mediators, the police seized 6 KGs of Ganja packed in three packets. Samples of 50 grams each were COIlecteci, duly attested by the mediators, and the accused were arrested under a mediators] report. _ I _3 `--` .€=> i--. I Lit, Dr. YLR, J. CrI.P.No.9325 of 2025 . Dclted 16.09.2O25 3. Ms.Bandi Praveena, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. lt is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that`may be imposed by this court. ln light of the for-egoing submissions, I.earned counsel prays that the present petition be allowed in the interest of justice. 4. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. lt is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissionS, it iS urged that the petitio'n be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant PubI'IC Prosecutor. Perused the record. 6. As seen from the record, the petitioner/Accu'sec] No.3 was allegedly indulged in dealing with 06.00 kgs of ganja, Which iS not a commercial _-.ck* +--` < , zft-ir Dr. YLR, J crI.P.rio.9325 of 2025 Dated 16.09.2025 quantity. The petitioner has been languishing in jail since 16.07.2025. Nearly for the past 6-2 days he has been in judicial custody. The petitioner/Accused No.3 is a permanent resident of Jabbari Thota, I Town Area., Visakhapatnam City. So far ten (10) witnesses have been examined. The material portion of the investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigation - may not arise. 7. Considering the period of detention undergone by the petitioner/Accused No.3 in judicial custody for the past 62 days, the nature and gravity of allegations levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the-petitioner on bail with the following stringent conditions: i, The petitioner/Accused,No.3 shall be enlarged on bal'I subject to he executing a bond for a, sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each'{o the satisfaction of the learned chief Judicial < Magistrate, Visakhapatnam. ii. The petitioner/Accused No.3 shall appear before the Station House Officer concerned on every Saturday in `.-.`:? Dr. YLR, J crI.P.No.9325 of 2025 Dated 16.09.2025 between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.3 shall not leave the I-lmits of the District w-lthout pr'lOr Permission from the Station House Officer concerned. iv. The petit-loner/Accused No.3 shall not commit Or indulge in commission of any offence in future. v. The petitioner/Accused No.3 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 requ-lred. vi. The petitioner/Accused No.3 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- Accordingly, the Criminal Petition is allowed. SD/-K. KASiRAO At?HAR! ASSISTANT I lTF¥REF= Gory I I FOE. A SECTION ()FFICER To, 1. The Metropolitan Sessions Judge -Gum-I Additional District by Sessions Judge-Special Judge for Trial of Offences Under NDPS Act, at Visakhap'atnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House OffI-Cer, I Town Police Station, Visakhapatnam. 4, One CC to M/s Bandi Praveena, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Cou-rt ofAP [OUT] 6. One spare copy HIGH COURT Dr.YLR,J DATED:16/09/2025 ORDER CRLP.No.9325 of 2025 ALLOWED