®g IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVA MONDAY, THE TWENTY SEVENTH DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVEr :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO\ae# CRIMINAL PETITION NO: 9182 OF 2024 tsar Between: ````.`, ` Chodipalli Prabhu Benhar @ Binnu, S/o Appalaraju, Age 24 years, R/o.D.No.24-2-155, Thamsori street, Kota veedhl-, old post office, Visakhapatnam District. `gr I I ; AND -..petitioners/Accused No.5 he# The State of Andhra Pradesh,; Through Station House Officer, I Town police station, visakhapatnah1 <city, Rep. by its Public prosecutor, High Court ofAndhra Pradesh, Arfia+ravathi, Guntur DistricS ldf `I| ...Resp'dndent/complainant v J petition under section 437';a 439 of Cr.P.C, is filed praying that in the circumstances stated in the grounds filed in support of the crimI-hal Petition, the High Court may be pleased to release the petitioner on Bail in connection with Crime No.194 of 2024 on the file of the I Town Police Station. V V The petition comI'ng On fo6`r-`hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of J `` i M/s 'Bandi Praveena, Advocate :for the petitioner and of publl'c Prosecutor for Respondent, the court made the following .-, . `\. HONJBLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Petition No.9182 of 2024 Order: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 and 437 and 439 cr.p.C. has been filed by the petitioner/A5, seeking regular bail, in crime No.194 of 2024, on the file of I Town Visakhapatnam Police Station. 2) A case has been registered against the petitioner herein for the offences punishable under Sections 20(b)(ii)(C), of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short tthe NDPS Act'). 3) Brief facts of the case are that, the Sub-Inspectorof I Town, Visakhapatnam Police Station received information about transportation of ganja secured the presence of mediators along with staff rushed to Dry Dock, I Town area, Visakhapatnam City and found two persons transporting ganja in two gunny bags. On sighting police, they tried to escape. Then the Sub-Inspector of Police, with the help of his staff, apprehended and caught hold two persons. During interrogation, Al and A2 disclosed that they along with other accused i.e., A3 fa _i_E=_, I- by name Sreeram Akash, S/o Raju, A4 by name Myapalli Ashok Kumar, S/o Surya Rao and A5/pet1-tiOner herein by name Chodipalli Prabhu Benhar @ Binnu, S/o Appalaraju, intends to do ganga business and for the purpose of doing ganja business they purchased and been transporting the ganja from Araku to Vl®sakhapatnam. They disclosed their address particulars and based on their confessional statement 24 Kgs of ganja being transported was seized from their possession in the presence of mediators under the cover of mediators report. Basing on the confession statements of Al and A2, the petitioner herein was arrayed as accused No.5. 4) Heard. Perused the record. 5) Learned counsel for the petitioner/A5 submits that no contraband has been seized from the possession of the petitioner herein. Only basing on the confession statement of Al and A2, who said to be in possession of contraband, a case came to be registered against the petitioner herein. 6) Learned counsel for the petitioner/A5 submits that petitioner/A5 has been in judicial custody from 20.09.2024. She further submits that this Court was pleased to grant baI'l tO Al as per order in Crl.P.No.7337 of 2024 on the ground that ._.-,` investigating authorities have not followed the procedure as contemplated under Section 52-A of NDPS Act. She further submits that this Court was also pleased to grant bail to A2 as per orders in CrI.P.No.8233 of 2024, since the case stands on same footing and also by placing reliance on the decision of Honlble A`pex reported ®ln Simarnjit Singh Vs. State of Punjab1. 7) Learned counsel for the petitioner submits that except the confession statements of Al and A2, no contraband has been seized from the possession of the petitioner herein. 8) Learned Assistant Public Prosecutor has not disputed the said facts and the material on record also supported the said contention of the learned counsel for the petitioner/A5 that as the case against the petitioner/A5 is based on the confession statement alleged to be made by Al and A2 and also no contraband has been seized from him. 9) Learned Assistant Public Prosecutor brought to the notice of this Court that the petitioner/A5 has got three antecedents and rowdy sheet has also been opened. He further submits that on completion of the investigation charge sheet has also been filed. I 2023 Law Suit (SC) 859 ts eso `,,, ` 10) considerI-ng the entire material on record and on perusal of the bail orders of co-accused and since the co- accused have been released on bail and investjgatI-On has also been completed, this court l's of the vI'eW that the release of the accused would not hamper the investigatI-On lan One Way Or another. However, considering the submissloon made by learned Assl'stant publl-c prosecutor that petitioner has three antecedents, thl-s court is of the vI-eW that some Stringent conditl-ons should be imposed to secure the petI-tiOner. . `11) consl'dering the above factors, this court Its I-nCIined to grant bail to the petI-tiOner hereI'n/A5, on the followl'ng conditI-OnS. To, Sunday between 10.OO a.m. and 01.00 p.m., for a period of three (3) months. (iii) The petitl'oner shall appear before the trail Court as and when he received the summons. It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. 12) Accordingly, the Criminal PetitI'On iS allowed. //TRUE COPY// _'-,.-I t--_ Ji` i;i.r +J|,i --~`I~d|L|£ll_I.a,)`^.,".`+ `| giv 1. The Metropolitan Sessions Judge-Gum-I Additional District Sessions . t Judge- Special Judge for Trial of Offences under NDPS Act, at visakhapatnam. ~ 2. The Superintendent, Central Prison, Visakhapatnam. trfEE 3. The Station House Officer, i Town Police Station, Visakhapatnain. 4. One CC to M/S. BANDI PRA\{5ENA, Advocate [OPUC] 5. Two CCs toPUBLIC, EBOSECUTOR, High Court of A.P., Amaravati. [OUT] ., I 6. Onesparecopy. urfjp - PSD \ iiii= -l-vl`-y-y_I_ r_I. I. HIGH COURT TMR,J DATED..27/01 /2025 BAIL ORDER CRLP.No.9182 of 2024 ALLOWED `B/`_ --_`