APHC010490382025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: Between: 1. SURESH MAHAPATRA, S/O NANDA MAHAPATRA, AGED 55 YEARS, R/O JIBANDEIPUR VILLAGE, SUNJDIALA POST, KHORDA DISTRICT, STATE OF ODISHA. 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. Counsel for the Petitioner/accused: 1. DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enlarge the petitioner/Accused IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9657 of 2025 SURESH MAHAPATRA, S/O NANDA MAHAPATRA, AGED 55 YEARS, R/O JIBANDEIPUR VILLAGE, SUNJDIALA POST, KHORDA DISTRICT, STATE OF ODISHA. ...PETITIONER/ACCUSED 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: DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’ enlarge the petitioner/Accused on bail in Crime No. 44 of 2025 of Prohibition IN THE HIGH COURT OF ANDHRA PRADESH [3521] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO SURESH MAHAPATRA, S/O NANDA MAHAPATRA, AGED 55 YEARS, R/O JIBANDEIPUR VILLAGE, SUNJDIALA POST, KHORDA ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT The Criminal Petition has been filed under Sections 480 and 483 of the BNSS’), seeking to Crime No. 44 of 2025 of Prohibition and Excise Police Station, Parchoor, registered against the Petitioner/Accused herein for the offence punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecution are that on 11.09.2025 at about 4.45 a.m, the Police while check in APSRTC Bus No.AP 30 Z 0834 was arrived and stopped at Bollaplalli Toll gate with in the Marur Mandal of Parchoor, P&E Station Limits, when they reached Seat No.19, a male person was found sitting with a bag near his legs. On opening the bag, one packet wrapped with brown tape was found. On cutting open the packet with a knife, it was found to contain dry ganja consisting of stems, seeds and leaves, emitting a strong smell, weighing 5 Kgs, the same was seized and registered the above case. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri D. Ramakoteshwar Rao, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, and that there is no prima facie material or cogent evidence connecting the Petitioner to the commission of the crime. It is further contended that the Petitioner is the sole earning member of his family and that his incarceration would result in grave hardship and irreparable prejudice to his dependents. The Petitioner undertakes to comply with any condition that this Hon’ble Court may deem fit and proper to impose while considering the prayer for grant of bail. 4. It is further submitted that the Petitioner is a permanent resident of Jibandeipur Village, Sunkhala Post, Khorda District, Odisha State and there exists no apprehension of his absconding or evading the due process of law. The Petitioner has extended full cooperation in the course of investigation and undertakes to continue such cooperation in all future proceedings. It is also urged that the nature of the allegations does not necessitate custodial interrogation, and that the imposition of appropriate conditions would suffice to secure the ends of justice. In view of the foregoing, it is urged to allow the petition. ARGUMENTS OF THE STATE: 5. Per contra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor has vehemently opposed the prayer for bail, asserting that the investigation is at a nascent and critical stage, with several material witnesses yet to be examined. It is submitted that the premature enlargement of the Petitioner on bail would be inimical to the sanctity and efficacy of the ongoing investigative process and may engender deliberate non-cooperation on the part of the Petitioner. The prosecution further raises an apprehension that, if released, the Petitioner may exert undue influence upon, or intimidate, prosecution witnesses, thereby impeding the administration of justice and vitiating the evidentiary foundation of the case. It is also contended that there exists a palpable and imminent risk of the Petitioner absconding, thereby frustrating the due process of law. 6. In view of the gravity and allegations, coupled with the potential threat posed to the integrity of the investigation, it is submitted that the Petitioner is not entitled to the indulgence of discretionary relief and it is urged to dismiss the present Criminal Petition. POINT FOR CONSIDERATION: 7. In view of the rival submissions advanced by both the learned Counsel and upon a perusal of the prosecutorial narrative, the pivotal issue now meriting for consideration is: “Whether the Petitioner is entitled for grant of bail?” ANALYSIS: 8. The allegation against the Petitioner/ sole Accused, on perusal of the record is that he was found in possession and transportation of 5 Kgs of ganja, it is not a commercial quantity. The Petitioner was sent to judicial custody on 11.09.2025. He has been in judicial custody for the past 12 days. The Petitioner is a permanent resident of Jibandeipur Village, Sunkhala Post, Khorda District, Odisha State. He has got fixed abode. There are no adverse similar criminal antecedents reported against the Petitioner. Material portion of the investigation is completed, in so far as role of the Petitioner is concerned. All the witnesses are official witnesses. Chances of the Petitioner either tampering the evidence or threatening the witnesses or hampering the investigation may not arise. CONCLUSION: 9. Considering the nature and gravity of allegation levelled against the petitioner, his alleged role played in this case, and the period of detention undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The Petitioner/Accused shall 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 the Additional Judicial Magistrate of First Class at Addanki. ii. The Petitioner/Accused shall appear before the Station House Officer, Prohibition and Excise Police Station, Parchoor, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused 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 Petitioner/Accused 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 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 10. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 26.09.2025 KK