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2025 DAILYLAW 36711 (AP)

Sushanth Banka, v. The State of Andhra Pradesh

CRLP/9762/2024 · 2025-01-09

K Sreenivasa Reddy

body2025

Judgment text

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E; EE. ~/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 9762 OF 2024 Between : 1..i:¥ a-1ife-a sushanth Banka, S/o. Sudheer, aged about 23 years, R/o. Ganjarajpura Village, pottangi BIock, Koraput DI'StriCt, Odisha State. PetI-tiOner/Accused-1 AND The State ofAndhra Pradesh, Rep by its public prosecutor, High Court of Andhra pradesh. Respondent Petition under sectl-ons 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavI't filed in support of the criml'nal petition, the High Court may be pleased to enlarge the petitl-oner/Accused No.1 on bail pending disposal of crime No. 128/2024 of Salur Rural P.S., Vizianagaram Distrl®ct COUNSEL FOR THE PETITIONER .I SRl. BOOSARA V N PRAVEEiv KUMAR COUNSEL FOR THE RESPONDENT .I PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHCO10602152024 lN THE HIGH COURT OF ANDHRA Fi.+LE PRADESH AT AMARAVATl (special original Jurisdiction) [3327] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.9762 OE£Q24 Betwee n : Sushanth Banka ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh counsel for the petitioner/accused: 1. BOOSARA V N PRAVEEN KUMAR counsel for the` Respondent/comPlainant: 1.PUBLIC PROSECUTOR The Court made the following ORDER: Th'IS Crim`inal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the pet|ltioner/A1, seeking regular bail, in Crime No.128 of 2024 of salur Rural Police Station, Parvathipuram Manyam district. ..J=-I /- 2 I.` 2. A case has been registered against the petitioner herein and others for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short :the NDPS Act'). 3. Case of the prosecution, in brief, is that, on 24.09.2024, at about 08.30 hours, on receipt of credible information, the Sub- Inspector of Police, Salur Rural Police Station, along with his staff and mediators, while conducting vehicle checking near P. Konavalasa check post, found Al and another coming on motor cycle and scooty from p. Konavalasa towards Salur side. The police caught hold A1, but another person escaped from the spot. police seized 25 Kgs of Ganja from Al under cover of a mediators report and a case has been registered against the accused. 4. Heard. Perused the record. 5. The petitioner/Al was arrested on 24.09.2024 and since then he is languishing in jail. The quantity of Ganja allegedly seized from the possession of accused is 25 Kgs. Learned Assistant Public Prosecutor submitted that there are nO €j_-a- antecedents. against the petitioner herein and major portion of investigation has been completed. 6. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Al on the following conditions. i) The petitioner/Al shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only)--with two sureties of the like sum each to the satisfaction of-the learned Special Judge for trial of Cases under the NDPS Act-Gum-I Additional Sessions Judge, Vizianagaram. ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday between 10.00 am and 01.00 pm, till filing of the charge sheet. 7. Accordingly, the Criminal Petition is allowed. SD/-N.NAGAMMA ASSISTANT ISTRAR //TRUE COPY// SECTI I To'1. The Speclal Judge for trial Of Cases under NDPS Act-Gum-I Additional sessions Judge, Vizianagaram 2. The Super'lntendent, Central Jail, Visakhapatnam, Visakhapatnam Distr-lot 3. The Station House officer, Salur Rural P.S., V'lzianagaram D-lstrict 4. One CC to SRl. BOOSARA V N PRAVEEN KUMAR Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] Z± hl-Jl enara rnnV JT, _ _ \ HIGH COURT SRK,J DATED:09/01/2025 BAIL ORDER CRLP.No.9762 of 2024 ALLOWED 17 .lAr\l a/T)?i