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2025 DAILYLAW 35239 (AP)

Chevuri Mahesh v. The State of Andhra Pradesh

CRLP/10799/2025 · 2025-10-23

Y Lakshmana Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010556382025 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: 10799/2025 Between: 1. CHEVURI MAHESH, S/O. SRINU, AGED ABOUT 26 YEARS, R/O. D.N0.2-76/A, DHOBI COLONY, KANKIPADU VIJAYAWADA, N.T.R. DISTRICT, A.P. 2. GUNJE PANDU, S/O. YALAMANDA, AGED ABOUT 22 YEARS, R/O. K.V.R. COLONY, ENIKEPADU, VIJAYAWADA, N.T.R. DISTRICT, PRESENTLYRESIDING AT DHOBI COLONY, KANKIPADU, VIJAYAWADA, N.T.R. DISTRICT, A.P. ...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 Courtpleased to enlarge the Petitioners/Accused No.1, 2 on bail pending disposal of Crime No.206/2025 of Airport P.S., Visakhapatnam District Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 2 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.206 of 2025 of Airport Police Station, Visakhapatnam District, registered against the petitioners/Accused Nos.1 & 2 herein for the offences punishable under Section 20 (b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard 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 & 2 is that they were found in possession of 7.180 KGs of Ganja, which is not a commercial quantity. They were arrested on 04.10.2025 and have been in judicial custody for the past 21 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 Dhobi Colony, Kankipadu, Vijayawada, NTR District, and petitioner No.2/Accused No.2 is a permanent resident of KVR Colony, Enikepadu, Vijayawada, presently residing at Dhobi Colony, Kankipadu, Vijayawada, NTR District. They have got 3 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.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the learned VII Additional Judicial First Class Magistrate, Visakhapatnam, Visakhapatnam 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. 4 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