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2025 DAILYLAW 42008 (AP)

Rati Matam alise Raju v. The State of Andhra Pradesh

CRLP/11258/2025 · 2025-11-06

Y Lakshmana Rao

body2025

Judgment text

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1 APHC010571102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11258/2025 Between: Rati Matam Alise Raju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 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.3 on bail in Crime No.162 of 2025 of Government Railway Police Station, Visakhapatnam registered against the Petitioner/ Accused No.3 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor. 3. Mr. Kakumanu Joji Amrutha Raju, the learned counsel for the petitioner submits that based on the confession of accused Nos.1 and 2, the petitioner was arrested. The petitioner was falsely implicated in this case. He has not committed any offence. He is innocent. He is the sole bread winner of his family. The petitioner is permanent resident of Odissa State. If he enlarge on bail he would abide by any condition imposed by this Court and urged to enlarge the petitioner on bail. 4. Per contra, Ms. P.Akila Naidu, learned Assistant Public Prosecutor submits that the petitioner was involved in dealing with commercial quantity of ganja and the investigation is at nascent stage and it is urged to dismiss the petition. 5. As seen from the record, the petitioner was arrested on 03.06.2025. He has been in judicial custody for the past 160 days. This is the third bail application filed after the dismissal of the second bail application. There has been no change in circumstances from the date of dismissal of the second bail application till the filing of the present petition. It is true that Accused Nos.1 and 2 have been enlarged on bail. However, that was after completion of the 3 statutory period of 180 days. The prosecution alleges that the petitioner is the supplier of the ganja, which constitutes a commercial quantity. The investigation is still at a nascent stage, and several witnesses are yet to be examined. There are no merits in this case for grant of bail to the petitioner. Hence, the petition is liable to be dismissed at present. 6. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 07.11.2025 S D P 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11258 OF 2025 07.11.2025 S D P