APHC010556362025 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: 10807/2025 Between: 1. AKSHAY C MANOJ, S/O. MANOJ, AGED ABOUT 25 YEARS, R/O. EAST OTHARA VILLAGE, ERAVIPEROOR PANCHAYAT PATHANAMTHITTA DISTRICT, KERALA STATE. 2. ABHIL RAJ, S/O. T.G. RAJAN, AGED ABOUT 27 YEARS, R/O. THANNIKKUNNIL, EDAYARANMULA, MALAKKARA P.O. ARANMULA, MALAKARA DISTRICT, KERALA STATE. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the Petitioners/Accused No.1, 2 on bail pending disposal of Crime No.73/2025 of Chirala Railway P.S., Bapatia and to pass Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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 petitioners/Accused Nos.1 & 2 on bail in Crime.No.73 of 2025 of Chirala Railway Police Station, GRP Guntakal District, registered against the petitioners/Accused Nos.1 & 2 herein for the offences punishable under Sections 8(c) read with 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioners/Accused Nos.1 & 2 is that they were found in possession of 16 Kgs of Ganja, which is not a commercial quantity. They were arrested on 27.09.2025 and have been in judicial custody for the past 27 days. The learned Assistant Public Prosecutor submits that there are no similar criminal antecedents against the petitioners registered for the offence under the provisions of the NDPS Act. The petitioner No.1/Accused No.1 is a permanent resident of East Othara Village, Eraviperoor Panchayat, Pathanamthitta District, Kerala State, petitioner No.2/Accused No.2 is a permanent resident of Thannikkunnil, Edayaranmula, Malakkara P.O., Aranmula, Malakara District, Kerala State. They have got fixed abode, and if they are enlarged on bail, they may not flee away from the clutches of law. So far, four 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 them executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Nellore, SPSR Nellore District. 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: 24th October, 2025 RKS