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2025 DAILYLAW 41744 (AP)

Manikala Dhandu Mari v. The State of Andhra Pradesh

CRLP/11266/2025 · 2025-11-06

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV FRIDAY ,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND A,ND TWENTY FIVE t -PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 11266 OF 2025 't. etween: Manikala Dhandu Mari, S/o.Sekhar,Aged about 23 Anam Venkata Reddy Colony, Ramalingapuram District. years, R/o.H. No. 16-1451, Nellore City,SPSR Nellore Petitioner/Accused AH The State of Andhra Pradesh, Through Station House Officer, Prohibition Excise Station,Nellore-I, SPSR Nellore DistrictRep., by its Public Prosecutor,High Court at Amaravathi. and Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the CriminalPetition, the High Court may be pleased to release the Petitioner on bail in Crime No.248/2025 on the file of the Prohibition and Excise Station, Nellore-I in the interest of justice. 480 & 483 COUNSEL FOR THE PETITIONER : SRI. P NAGENDRA REDDY COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER 1 APHC010577472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] •FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11266/2025 Between: Manikala Dhandu Mari ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.PNAGENDRA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.248 of 2025 of Prohibition and Excise Station, Nellore-I registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 8(c) read with Se.ction 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The petitioner was arrested on 10.10.2025. He has been in judicial custody for the past 27 days. The learned Assistant Public Prosecutor submits that there are no similar adverse antecedents reported against the petitioner. The petitioner was found in possession of 6 kgs of ganja. It is not a commercial quantity. So far, eight witnesses have been examined, all of whom are material and official witnesses. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation does not arise. The petitioner is permanent resident of Ramalingapuram, Nellore City, SPSR Nellore District. He has got fixed abode. If conditions are imposed, there is no likelihood of his absconding or evading the process of law. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: The petitioner/Accused No.1 shall be enlarged on bail subject to he executing bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum I. 3 each to the satisfaction of the learned Special Judicial Magistrate For Trial of Prohibition & Excise Offences, Nellore. The petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. II. iii. The petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required, vi. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer, vii. The petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. SD/-A.VIJAYA BABU DEPUTYKEGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Special Judicial Magistrate of First Class for Trial of Prohibition Excise, Nellore 2. The Superintendent, Sub Jail, Gudur, Nellore 3. The Station House Officer,Prohibition and Excise Station,Nellore-I, SPSR Nellore District ^^ne CC to SRI. P NAGENDRA REDDY Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.PfOUT] 6. One spare copy and f HIGH COURT k DR.YLR,J DATED:07/11/2025 BAIL ORDER CRLP.No.11266 of 2025 ALLOWED 1