APHC010596672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3365] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION NO: 9678/2024 Between: 1. GUDIA SURESH, S/O.BABU RAO, AGED ABT 24 YEARS, R/O.GUDA MALIPUTT VILLAGE, MUNCHINGPUT MANDAL, ASR DISTRICT,ANDHRAPRADESH ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, SHO, Sabbavaram P.S., Visakhapatanam Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. ANAND KUMAR KOCHIRI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNNS’) is filed by petitioner/A1, seeking regular bail in Crime No.216 of 2024 of Sabavaram Police Station, Visakhapatnam District registered for the 2 offences punishable under Section 20 (b)(ii)(C) r/w 8(c) of NDPS Act, 1985. 2. Heard Sri Anand Kumar Kochiri, learned counsel for the petitioner and Sri K.Sandeep, the learned Assistant Public Prosecutor for respondent/State. 3. Perused the record. 4. Having heard the learned counsel on both sides and perused the record, it is seen that this is a case involving the recovery of 30 kgs of ganja from the possession of A1 and A2. According to the prosecution, this constitutes a commercial quantity, and the presumption under Section 37 of the NDPS Act applies. 5. This Court, in Crl.P.No.2374 of 2024, dated 19.11.2024, declined to grant regular bail to A1. The said A1 is the present petitioner herein. The learned counsel for the petitioner, referring to paragraph No.6 of the petition, submits that there has been a change of circumstances since the earlier proceedings, and that the investigation has now been completed. 6. The learned Assistant Public Prosecutor submits that the investigation is still ongoing and that there have been no changes in the circumstances. 3 7. As per the record, the case involves the possession of a commercial quantity of ganja, and no specific circumstances have been indicated to overcome the presumption that has been raised. 8. In these circumstances, the criminal petition is dismissed. Pending miscellaneous applications, if any, shall stand closed. ________________________ Dr. V R K KRUPA SAGAR, J Dated:08.01.2025 S D P 4 280 THE HON’BLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION No.9678 of 2024 Dated: 08.01.2025 S D P