1 Dr. YLR, J Crl.P.No.10701 of 2025 Dated 23.10.2025 APHC010550462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10701/2025 Between: 1. SUNNY KUMAR RAM, S/O BHOLA KUMAR RAM, AGE 23 YEARS, R/O L/B/A A3, S.S ROAD EXTENSIOM, RISHRA, HOOGHLY, WEST BENGAL 2. DILIP SINGH, S/O BINDESHAWARI SINGH AGE 22 YEARS, R/O SANGWADIH, DEURAWA, GOPALPURE, GOPALGANJI, BIHAR- 841503 ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, through Station House officer, Visakhapatnam R.P.S, Visakhapatnam Rep. by Public Prosecutor, High Court at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): RAMINENI SUDHEER Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10701 of 2025 Dated 23.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 and 2 on bail in Crime No.315 of 2025 of Visakhapatnam GRPS, Visakhapatnam District, was registered against the Petitioners/Accused Nos.1 and 2 herein for the offences punishable under Section 8 (c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioners/Accused Nos.1 and 2 is that they were separately found in possession of ganja weighing about 12.5 Kgs from Accused No.1 and 10.5 Kgs from Accused No.2. The seizure report was separately prepared. If the contraband seized from the possession of the accused is clubbed, it would be a commercial quantity of 22.5 Kgs of ganja. The learned Assistant Public Prosecutor submits that Section 29 of ‘the NDPS Act’ would be squarely attracted to this case. Except for the confessional statements of Accused Nos.1 and 2, there is no material showing that the petitioners shared a common intention to transport commercial quantity of ganja, as said supra, the transport was done 3 Dr. YLR, J Crl.P.No.10701 of 2025 Dated 23.10.2025 separately in possession of Accused Nos.1 and 2. The petitioners were arrested on 08.09.2025. They have been in judicial custody for the past 45 days. There are no similar adverse antecedents reported against the petitioners. The petitioner/A-1 is a permanent resident of S.S. Road Extension, Rishra, Hooghly, West Bengal, and the petitioner/A-2 is a permanent resident of Sangwadih, Deurawa, Gopalpur, Gopalganj, Bihar. They have got fixed abode, and if they are enlarged on bail, they may not flee away from the clutches of law. So far, seven witnesses have been examined, all of whom are official witnesses. The chances of the petitioners threatening the witnesses, hampering the investigation, or tampering with the evidence would not arise. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 and 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail with the following stringent conditions: i. The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class Magistrate for Railways-Cum-VI Additional Judicial Civil Judge Court, Visakhapatnam. 4 Dr. YLR, J Crl.P.No.10701 of 2025 Dated 23.10.2025 ii. 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 State of Andhra Pradesh 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 in future. v. 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. vi. 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 and when required. 5. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.10.2025 RSI 5 Dr. YLR, J Crl.P.No.10701 of 2025 Dated 23.10.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10701 OF 2025 23.10.2025 RSI