IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSANDANDTWENTY FIVE r :PRESENT: THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR , -S CRIMINAL PETITION NO: 325 OF 2025 Between.I / Duriya Babu Rao, S/o. ViJ®ayaraO, aged about 40 Years, R/o. Bondam Village and panchayat, Araku Valley Mandalam, AIIuri Seetha Rama Raju` DI'Strl'Ct ...Petl-tioner/Accused-3 AND The State ofAndhra pradesh, Rep. by its public Prosecutor, High Court of Judicature of Andhra pradesh At Amaravati. ...Respondent/complainant/ petI'tiOn under Sectionsr48'o+'`-t& 483 of BNSS (old SectI'OnS 437 & 439 of cr,p.c) praying that in the circumstances stated I'n the memorandum of grounds fl'led in support of-the crimI'nal Petl'tion, the High Court may b6 pleased to release the petitioner/Accused - 3 on ba" in cr. No. 407 of 2024 innder section 20(b)(ii)(c), r/w 8(c) of NDPS Act 1985 on the file of the`+I Kancharapalem Police Visakhapatnam on dated on 21-10-2024 The PetitI-On coming on for`hearing, upon perusing the petitl'on and the memorandum of grounds filed in support thereof and upon heart-ng the¥¢ arguments of SRI KAKUMANU--.J`OJI AMRUTHA RAJU Advocate for the petitioner, and of PUBLIC PR6SrE`cuTOR, for the Respondent; lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdict-Ion) [3365] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION NO: 325 OF 2025 Betwee n : Duriya Babu Rao AND The State OfAndhra Pradesh counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT counsel for the Respondent/comp[ainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: 1. This Criminal Petition under sections 480 and 483 of the BNSS is filed by the petitioner/A3 to grant regular bail in connection With Crime No.407 of 2024 of Kancharapalem Police Station, Visakhapatnam District for the offence punishable under sections 20(b)(ii)(C) r/w 8(c) of the NDPS Act,1985. 2. Heard arguments Of Sri Kakumanu Joji Amrutha Raju, the learned counsel for petitioner and Sri K. Sandeep, the learned Assistant Publ'lc Prosecutor for respondent/State. 3. perusedtherecord. 4. HavI-ng heard the learned counsel on both sl-des and record. baj' may not be granted. on an earll'er Perused the 5 Accordlng to prosecution, on 21102024 flve accused were arrested and from thelr possesslon 20.568 Kgs of ganJa Was recovered. They were subsequently remanded to judICjal custody Learned Asslstant publl'c prosecutor whl'Ie opposI'ng the present ba" appllcatIOn of A3, contended that what was seIZed I'S a commercial quantlty, hence presumption under Sectlon 37 of NDPS Act applies unless sufficlent clrCumstances have been shown the occasI-On, Accused 4 and 5 were enlarged on baH vlde crlml'naI Petl'tion No 8676 of 2024 by this court by order dated 2412.2024. The case of the present petI'tlOner/ A3 stands on the same footI®ng lt l's found from the record, while prosecutlon contends about the recovery of commerclal quantity, which ls more than 20 Kgs, as pal-nted out by the learned counsel for the petjt,'oner Ion terms of the proof of packets seized and quantl'ty wel'ghed and found ln each of the packets at one place of the record, it emerged that only 6 Kgs was recovered. Therefore, the case diary depicts the facts of the case wl'th confession. In vlew of the same, the petI'tl'Oner has made out his case. Hence, the prayer I-s granted. 6. ln view of the saI'd circumstances, the crI'ml'nal petitI'On l's allowed. petitioner herel'n/ A3, sha" be enlarged on ba" on executlng a personal bond fi for a sum of Rs 30,000/- (Rupees Thlrty Thousand only) each wlth two& ------------------__ j/u f,;zureties of the like sum each to the satisfactl-on of the learned I Additional / District and Sessions Judge-Gum- special Judge for Trial of offences under NDPS Act, VIsakhapatnam District. The petitioner is perml-tted to furnish the sureties from the State of Andhra Pradesh. petitioner/ A3 shall mark his attendance before the Investigating officer on lst and 15th of every month between 10.00 A.M. and 1.00 P.M. till filing of the charge sheet. petitioner/ A3 shall make himself available for I-nvestI-gatiOn by a police officer as and when required, and he shall not, dl-rectly or I-ndirectly, make any inducement, threat or Promise tO any persons acquainted with the facts of the case so as to dissuade them from dl'sclosing such facts to the court or to any police officer. He shall not indulge in sl'milar acts of crI-me and shall duly attend the trial of the case. The petitioner shall regularly appear before the competent court and partl-cipate in pre-trial and trial process without fail. Pending miscellaneous applications, if any, shall stand closed. . ----` ( Gown/ I a- m % //TRUE COPY// `.,~~v`.foQ,_.l``l,,L``__n\.ftyrmtry`+, _---`--_ ?Pl_- v.sA Ass/s TAN For As-olo I ,``. TV'RZ#oR#E 'l,tC/ :::_TIoN diFtF%ER |_-_ _ 1. The I Additional District^&`,sessions Judge-Spec,'aI Judge for Trial ot offences under NDPS Act, vi;akhapatnam, visakhapatnam District 2. The `QIInf}rin+anrlan+ A-ln1.-_I l|_i____ I /. \. _ __.r_....._llu.Ill, Yt=I,!uql rllt,uH, VISaKnaPatnam, Visakhapatnalin Distrl'ct Statjont lop ucj' Pradesh To, _ _ __. `. ._I__`. .`_. , I, , I`+tJl`I [qL,all IC]I I I 2. The superintendent, central prison, visakhapatnam, visa I|;^+r:_J 3. The slat,Ion House officer, Kancharapalem poll-Ce \/:A-I,I__.__1_____ I /. Visakhapatnam, visakhapatnam Djst-rl:;`i-----I-ru'-"I rullut= one cc to SRI. KAKUMANU JOJI AMRUTHA RAJU Advocate Two CCs to p[JRI Ir PDn_QFrllTr`D LJl.I_i A__ , _ --`--. \\^|\+\JC|\\ to PUBLIC PROSECUTOR, Hl'gh Court of Andhra 4. 5. 6. PSR [OUT] One spare copy ii= I. HIGH COURT Dr.VRKS,J DATED: 10/01/2025 BAIL ORDER CRLP.No.325 of 2025 ALLOWED )10 !JAN 2fi25 ri"`.~.\ .` . _ ..`l. ®.i-:RE