APHC010552632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10728/2025 Between: MIRAPA RAJASESHU ALIAS CHANDU, S/O. PRAKASHRAO, AGED 33 YEARS, R/O. D.NO.30-62-11, GAVARA VEEDHI, KANITHI COLONY, GAJUWAKA MANDAL, VISAKHAPATNAM DISTRICT. PRESENTLY RESIDING AT SF-5, BLOCK-22, JNR COLONY, MANGALAPALEM, DUVVADA, GAJUWAKA(M), VISAKHAPATNAM. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, High court of A.P., Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: V V SATISH Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10728 of 2025 Dated 24.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.7 on bail in Crime.No.303 of 2021 of Special Enforcement Bureau. Gajuwaka, Visakhapatnam District, registered against the petitioner/Accused No.7 herein for the offences punishable under Sections 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 petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, this Court in Crl.P.No.9331 of 2025 enlarged Accused No.8 on bail with certain stringent conditions, as he was alleged to have supplied 20.00 Kgs of ganja to Accused Nos.3 and 4. In the present case, the allegation against the petitioner/Accused No.7 is that he sold 20.00 Kgs of ganja to Accused No.1, and his role came to light based on the confession of Accused No.1. The quantity of ganja allegedly transported between Accused Nos.1 and 7 is not a 3 Dr. YLR, J Crl.P.No.10728 of 2025 Dated 24.10.2025 commercial quantity. The petitioner/A-7 is a permanent resident of Mangalapalem, Duvvada, Gajuwaka, Visakhapatnam, and he has got fixed abode. Except the confessional statement of Accused No.1 implicating Accused No.7, no substantial material is available on record against the petitioner so far. The petitioner was arrested on 22.07.2025 and he has been in judicial custody for the past 95 days. The period for custodial interrogation has also been completed. As the petitioner has a fixed abode, there is no likelihood of his absconding from the process of law. So far, eight witnesses have been examined. There are no similar adverse antecedents reported against the petitioner. The material portion of the investigation in respect of the alleged role played by Petitioner is substantially completed. The chances of the petitioner threatening the witnesses, hampering the investigation, or tampering with the evidence may not arise. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.7, this Court is inclined to enlarge the Petitioner/Accused No.7 on bail with the following stringent conditions: 4 Dr. YLR, J Crl.P.No.10728 of 2025 Dated 24.10.2025 i. The petitioner/Accused No.7 shall be enlarged on bail subject to he executing a personal 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 learned Special Judicial First Class Magistrate for Excise, Visakhapatnam. ii. The petitioner/Accused No.7 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 petitioner/Accused No.7 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.7 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.7 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. 5. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.10.2025 RSI 5 Dr. YLR, J Crl.P.No.10728 of 2025 Dated 24.10.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.10728 of 2025 Date: 24.10.2025 RSI