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2025 DAILYLAW 3428 (AP)

PAYYAPILLI PRASAD v. THE STATE OF ANDHRA PRADESH

CRLP/326/2025 · 2025-01-17

Maheswara Rao Kuncheam

Public Interest Litigationbody2025

Judgment text

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` lN THE HIGH COURT OF ANDHRA PRADESH AT AMARA r, FRIDAY, THE SEVENTEENTH DAY OF JANUARY, TWO THOUSAND AND T\^/ENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEA CRIMINAL PETITION NO: 326 OF 2025 Between: Payyapilli Prasad, S/o.(late) Vargeesh, aged about 42 Years, Near Market Vemulavalasa Village, Ananadapuram mandalam, Visakhapatnam CI'ty ...Petitioner/Accused AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. ...Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C (Sections 480 & 483 BNSS) is filed, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused on bail in Cr. No. 239 of 2024 of Anandapuram Police Station, Visakhapatnam, Under Section 20 (b) (ii) (B) of N.D.P.S Act 1985 dated 22-10-2024 The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri Kakumanu Joji Amrutha Raju, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following. ORDER: jF, THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No.326 of 2025 ORDER: This Criminal Petition, under Section 480 and 483 of the BNSS, is filed seeking to enlarge the petitioner herein/sole accused on bail in Crime No.239 of 2024 of Anandapuram Police Station, registered for the offence punishable under Section 20(b)(ii)(B) read with 8(c) of the NDPS Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor for the Respondent State. 3. Perused the record. 4. At the time of hearing, learned counsel for the petitioner submitted that the petitioner herein is innocent and he is falsely implicated in the present crime. Moreover, the contraband allegedly seized from the possession of the petitioner is 4 Kgs of Ganja, which is not a commercial quantity. He further submitted that the petitioner is working as daily wage laborer and he has been only breadwinner to his family and the investigation in the present crime is almost completed and hence, he prays this Court to grant bail to the petitioner. 5. On hearing learned counsel on both sides and on perusal of the material On record, it is seen that the present crime was registered on 22.10.2O24 and 4 kgs of ganja was recovered from the possession of the petitioner herein. He has been in J-udiCial Custody Since 22.10.2024 and best part of the investigation is over. What was seized was not commercial quantity. Considering the submissions made by the learned counsel for the petI-tI-Oner and length of detention and the quantI-ty Of contraband involved, this court I-s of the opl-nion that any further detention does not seem necessary. Hence, the prayer l's granted. 6. ln the resuluhl-s criminal petitl'on is a"owed with the fo"owing conditions.' i) The petitioner herein sha" be released on ba" on executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties for a like sum each to the satl'sfaction of the learned I Additional District and sessl'ons Judge - Gum - special Judge for Trial of offences under NDPS Act, Visakhapatnam. i,I) on release, the petitioner sha" appear before the station House Officer concerned once in a week i.e., on every sunday between 10.00 a.m. and o1.00 P.m., for a period of three (3) months. ill) The petitioner shall make himself available for l'nvestigation as and when requI'red and he sha" not cause any threat, inducement or promise to the Prosecution Witnesses. sD/-B.CHITTI JOSEPH ASSISTAN //TRUE COPY// I#_E.i ISTRAR For ASSISTANT REGISTRAR To, 1. The Spec'lal Judge for Trial of Offences under NDPS Act-Gum-I Additional District & Sessions Judge-Visakhapatnam 2. The Superintendent, Central Prison, Visakhapatnam 3. The SHO, Anandapuram Police Stat'lon, Visakhapatnam 4. One CC to Sri. Kakumanu Joji Amrutha Raju Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT] 6 One snare a,nr,v /./ //. HIGH COURT MRK,J DATED..17/01 /2025 BAIL ORDER CRLP.No.326 of 2025 ALLOWED L 17 JAM?()25