1 APHC010554322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10760/2025 Between: Bhubaneshwar Pani ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO 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.02 of 2024 of Harbour Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.3 herein for the offences punishable under Section 20(b)(ii)(C) read with Section 8(c) 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 learned counsel for the petitioner submits that the name of the petitioner is neither found in the FIR nor in the confessional statements of Accused Nos.1 and 2. It is contended that he has been falsely implicated in this case. The petitioner is the sole breadwinner of his family and is willing to abide by any conditions that may be imposed by this Court while enlarging him on bail. Hence, it is prayed that bail may be granted to the petitioner. 4. Per contra, the learned Assistant Public Prosecutor submits that the petitioner is the kingpin and the supplier of the commercial quantity of ganja. It is further submitted that he, in conspiracy with Accused No.4, supplied the contraband to Accused Nos.1 and 2. The seized ganja is of commercial quantity. The investigation is still at a nascent stage. Hence, the learned Assistant Public Prosecutor prays for dismissal of the criminal petition. 5. On perusal of the record, it is evident that the name of the petitioner does not appear in the FIR. However, the FIR is not the sole determinative document and serves only to set the investigation in motion. The role of the petitioner is not mentioned in the mahazar, and Accused Nos.1 and 2 have stated that some unknown person handed over the ganja to them. The prosecution alleges that petitioner/Accused No.3, in conspiracy with Accused No.4, supplied 40 kgs of ganja to Accused Nos.1 and 2. Undoubtedly, 40 3 kilograms of ganja constitutes a commercial quantity. So far, only four witnesses have been examined. There are two adverse criminal antecedents reported against the petitioner. The petitioner was arrested on execution of a P.T. warrant on 19.08.2025 pursuant to the registration of a case on 12.01.2024. 6. In view of the progressive stage of investigation, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the request of the petitioner for grant of bail is rejected. 7. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 03.11.2025 S D P 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10760 OF 2025 03.11.2025 S D P