lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE NINETEENTH DAY OF SEPTEMBER .,, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9511 OF 2025 Betwee n : 1. Syampati Khara, S/o.Ramachandra Khara, Aged about 25 years, R/o.Kopara Village, Malkangiri, OdI-Sha State. 2. Motisingh Putia, S/o.Damu Pu{ia, Aged about 24 years, R/o.Kattanpalli, Kopara Village, Malkangl-ri, Odisha State. ..H Petitioners/ Accused No.1 & 2 AND The State of Andhra Pradesh, Through Station House Officer, Prohibition and Excise Station, Nellore-ll, SPSR NeIIore District Rep., by its Public Prosecutor, High Court at Amaravathi. .... Respondent/ Complainant PetitI'On under SectI-On 480 & 483 of BNSS is filed praying that in the cl'rcumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioners on bail in crime No. 119/2025 on the file of the prohibition and Excise Station, Nellore-lI, SPSR Nel]ore District. The petition coming on for hearing, upon perusing the petition and fine affidavit filed in support thereof anc] upon hearing the arguments of SRI P NAGENDRA REDDY Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the court made the following. ORDER Crl.P.No.>` Dated 19.` The Court made the following: ORDER: The Criminal Petit'lon has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity [the Cr.P.C,I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS]), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in Cr.No.119 of 2025 of Prohibition & Excise Station, NeIIore-II, SPSR Nellore District, registered against the petitioners/Accused Nos.1 and 2 herein for the offences punishable under Section 8 (c) read with 20(b)(ii)(c) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS Act'), 2. The case of the prosecution is that on 24.08.2025. at about 06.30 a.ml as per the instructions of the Assistant Commissioner, Enforcement, Ne][ore, and with prior permission obtained from the Assistant Prohibition and Excise Superintendent, Enforcement Wing, Nellore, a special vehicle checking operation was conducted at Venkatachalam Toll Plaza, Nellore, during which an APSRTC~bus bearing No. AP-39-UH-7529, plying f¢rom I Nellore to Tirupati, was intercepted. Two male passengers (Accused Nos.1 and 2) were found in possession Of 10 kgs of dry ganja. They confessed that they had procured the contraband at Rs.2,000/- per kg from an unknown person'ih Koraput Village, Odisha, and intended to deliver it to II- gg=Z:.=+cry::3g£gacdi±rsrJ±ae::i;tS£€==::: i_u_:=L±±:== 3 Dr. YLR, I Crl.P.No.9511 of 2025 Dclted 19.09.2025 one Gajendra at Tirupati for Rs.80,000/-. Accused No.1 further confessed that he intended to sell the ganja at higher rates in Tirupati for monetary gain and that Accused No.2 was assisting him for a payment of Rs.10,000/-. The Prohibition and Excise Inspector requested mediators, whereupon one passenger volunteered and the bus driver-Gum-conductor also consented. In their presence, Accused Nos.1 and 2 were arrested on the spot, and the contraband along with two mobile phones was seized under a mediator's report. Basing on the said report, the present case was registered. The accused were remanded to J'udiCial Custody On 25.08.2025. 3. Sri P.Nagendra Reddy, the learned counsel for the petitioners COntend that the petitioners are innocent of the alleged offence and they have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel Prays that the Present Petition be allowed in the interest of justice. •f 4. Per con£ra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. !t is contended that if the petitioners are .I .- 4 Crl.P.No.95l|. ` Dated 19.09.20z:_ released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the Process Of law. ln View Of the foregoing SubmiSSiOnS, it iS urged that the petition be djsmjssed. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioners/Accused Nos.1 and 2 were allegedly indulged in possession and transportation of 10.00 kgs of ganja along with other accused, which is not a commercial quantity. The petitioners have been languishing in jail since 25.08.2025. Nearly for the past 24 days they have been in judicial custody. The petitioners/Accused Nos,1 and 2 are the permanent residents of Kopara Village, Malkangiri, Odisha State. There are no adverse antecedents reported against the petitioners/Accused Nos.1 and 2. So far three witnesses have been examined. The material portion of the investigation js completed. All the witnesses of the prosecution'are official witnesses. Hence, the question of the petI'tiOnerS influencing Or threatening the Witnesses Or hampering the \( investigation may not arise. 7. ConsiderI-ng the Period Of detention undergone by the petitioners/Accused Nos.1 and 2 in judicial custody for the past 24 days, the nature and gravity of allegations levelled against the petitioners, and Dr. YLR, I Crl.P.No.9511 of 2025 Dated 19.09.2025 their alleged role played in the case, this Court is incII-ned tO enlarge the petitioners on bail with the fo[Iowjng stringent condjtjons: i. The petitioners/Accused Mos.1 and 2 shall be enlarged on bail subject to they executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with one surety for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class for Trial of Prohibition and Excise, Nellore. I-i. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned on every saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The petitioners/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the station House Officer concerned. iv. The petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence I-n future. v. The petitioners/Accused Nos.1 and 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 ancl when required. `-_'` . /, ` . Crl.P.No.95ll Dated 19.09.2CJL_ vi. The petitioners/Accused Nos.1 and 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. 8. Accordingly, the Criminal Petition is allowed. . SD/-B.PRASAD RAO ASSISTANT //TRUE COPY// SECT N OFFICER Tol 1. The Special Judicial Magistrate of First class for Trial of Prohibition and Excise, NeIIore. 2. The Superintendent, District-Jail, NeIIore. 3. The Station House Officer, Prohibition and Excise Station, Nellore-II, SPSR Ne!!ore District. 4. One CC to SRl. P NAGENDRA REDDY Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra pradesh.[ouT] 6. One spare copy KSR HIGH COURT DR.YLR, J DATE D : 19/09/2025 BAIL ORDER CRLP.No.9511 of 2025 ALLOWED