APHC010022952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 452/2025 Between: Shaik Chavapati Umar Sadhik ...PETITIONER/ACCUSED A N D The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. NANDIREDDY VISHNU VARDHAN REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 O R D E R:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioner/accused No.8 to grant anticipatory bail in connection with Crime No.139 of 2025 of I Town Narsaraopet Police Station, Palnadu District for the offence punishable under Section 8 (c) read with 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’) and Section 303 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’). 2. Brief facts of the case are that, on receipt of information about sale of Ganja near Hindu Cremation ground on the western side of SS & N College, Ravipadu road, Narasaraopet Town, Sub-Inspector of Police, Narasaraopet I Town Police Station along with other police personnel and revenue officials proceeded to the place and found one Ford Car, Pulsar, Bullet and Jupiter motorcycles parked on the road in front of the gate; that the police entered into the place and noticed five persons holding black plastic covers in their hands and on seeing the police personnel, they tried to skulk away; that the police apprehended the five persons and they were found in possession of 7 kgs of Ganja. The 3 accused in their confessional statements confessed that they stole Bullet Motorcycle bearing No.AP16 FD 4355, Bullet motorcycle bearing No.AP07 DV 2833, Scooty Access 125 bearing No.AP07 DZ 8096, Scooty Access 125 bearing No.AP39 BZ 7828 and Pulsar motorcycle bearing No.AP39 RZ 3815. The police seized the contraband along with the aforesaid vehicles and other vehicles used for transportation of accused, under the cover of a Mediators Report and a case was registered against the accused Nos.1 to 5 and investigated into. 3. Learned counsel for the petitioner/accused No.8 submits that the petitioner is no way connected with the alleged offence and he is falsely implicated in the present crime basing on the confession made by the co-accused. He further submits that the police personnel are trying to apprehend the petitioner/accused No.8 and extract confessional statement from him. As per the learned counsel for the petitioner/accused No.8, most of the investigation is completed except filing of the charge sheet. 4. On the contrary, learned Assistant Public Prosecutor submits that the contraband that is seized in the present case is about 7 kgs of Ganja, and police seized five motorcycles from the possession of accused, which are stolen property. According to 4 learned Assistant Public Prosecutor, investigation is not yet completed. 5. Heard. Perused the record. 6. A perusal of material on record goes to show that 7 kgs of Ganja was seized from the possession of accused Nos.1 to 5 and on the date of the incident, accused Nos.1 to 5 were alleged to have confessed about commission of theft of Bullet Motorcycle bearing No.AP16 FD 4355, Bullet motorcycle bearing No.AP07 DV 2833, Scooty Access 125 bearing No.AP07 DZ 8096, Scooty Access 125 bearing No.AP39 BZ 7828 and Pulsar motorcycle bearing No.AP39 RZ 3815 and accordingly, the police recovered and seized the aforesaid motorcycles from their possession. The investigation is at nascent stage, therefore, the petitioner/ accused No.8 is not entitled to anticipatory bail at this stage. 7. Accordingly, the Criminal Petition is dismissed. 8. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. ______________________ _ JUSTICE K. SREENIVASA REDDY 27th January, 2025. DNB