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2025 DAILYLAW 36463 (AP)

MAMIDI MOHANA RAO v. THE STATE OF AP

CRLP/9671/2024 · 2025-03-05

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010596932024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 9671/2024 Between: Mamidi Mohana Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of AP ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. PANGI RAJU BABU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioners/A1 & A2, seeking regular bail, in Crime No.34 of 2024 of A.Annavaram Police Station, Alluri Sita Rama Raju District. 2. A case has been registered against the petitioners herein for the offences punishable under Sections 20(b)(ii)(C) r/w 8 (c) 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 3. The brief facts of the case are that on 20.10.2024 at 16.00 hours, on receipt of credible information about the illegal possession of ganja, the Sub-Inspector of Police, along with his staff and mediators, rushed to Surthupalli Village outskirts and found the petitioners in possession of 151 kgs of Ganja. The contraband, along with other materials, was seized under the cover of mediators report. 4. Learned counsel for the petitioners contended that the petitioners are in judicial custody from 20.10.2024. The learned counsel for the petitioners submits that the petitioners are innocents and they are falsely implicated in this crime and the petitioners have a permanent abode, and there is no possibility of his fleeing away from the Jurisdiction of the Court, as such prays to grant bail. 5. On the other hand learned Assistant Public Prosecutor submitted that investigation is not completed and charge sheet was not filed and the seized contraband is of commercial quantity and opposed to grant bail to the petitioners. 3 6. Heard both sides. 7. Now, the point for consideration is: Whether the petitioners/A1 and A2 can be released on grant of bail? POINT: 8. Perused the entire material on record. 9. Without going into the merits of the case, as the contraband seized is of commercial quantity i.e. 151 kgs, which was said to be seized from the possession of the petitioners and considering the gravity of the offence and in view of the bar under Sec.37 of the NDPS Act and also that there are no grounds to say that the accused are not guilty of the offence, this Court is not inclined to grant bail to the petitioners. 10. Accordingly, the criminal petition is dismissed. _____________________ T. MALLIKARJUNA RAO , J Date.05.03.2025. S D P 4 HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Petition No.9671 of 2024 Dated:05.03.2025 S D P