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2025 DAILYLAW 36043 (AP)

BONTHA PARAMESH v. THE STATE OF ANDHRA PRADESH

CRLP/9433/2024 · 2025-01-10

Nyapathy Vijay

body2025

Judgment text

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APHC010584692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 9433/2024 Between: Bontha Paramesh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SHAIK JAHANGEER BASHA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO.9433 of 2024 ORDER: 1. This Petition is filed on behalf of the Petitioner under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( for short ‘ BNSS, 2023) to enlarge the Petitioner on bail in Crime No.129 of 2024 on the file of Peddaraveedu Police Station, Prakasam District, registered for the offence under Section 8 (c) r/w 20 ( b) (ii) ( B) of NDPS Act. 2. The Petitioner is the Accused No.1. This is the second bail application. Earlier, the Petitioner had filed bail application and later it was withdrawn by Order dated 04.12.2024. 3. As per the case of the Prosecution, on receipt of information about illegal possession of ganja, the respondent police along with mediators reached behind Glory Church, beside Guntur-Kurnool Highway, Hanuman Junction Kunta Village, Peddaraveedu Mandal on 2.09.2004 at about 13.30 hours and found A.1 to A.6 gathered at the spot along with four bags and on enquiry, the accused voluntarily confessed that the bags were filled with ganja weighing about 39.515 kgs and they gathered there to distribute the same for the purpose of selling. 4. Heard Sri Shaik Jahangeer Basha, learned counsel for the Petitioner, and the learned Assistant Public Prosecutor appearing for the Respondent-State. 5. The learned Assistant Public Prosecutor opposed the bail petition on the ground that the quantity, which was seized from the Petitioner, is a commercial quantity and the investigation is still in progress. 6. Perused the record. 7. According to the learned Assistant Public Prosecutor, the investigation in this case is yet to be completed. Since the investigation is pending and as 3 there is no change in the circumstances, this Court is not inclined to grant bail at this stage. 8. Accordingly, the Criminal Petition is dismissed. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 10.01.2025 eha 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO.9433 of 2024 Date: 10.01.2025 eha