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2025 DAILYLAW 43495 (AP)

DODDA RAKESH GANDHI v. THE STATE OF ANDHRA PRADESH

CRLP/2632/2025 · 2025-03-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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£ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3234 OF 2025 Between: 1. Binay Kumar Mishra, S/o. Bapan Mishra H.No.286, Zone-1/B, Birsanagar, Near Andra Samity, Jamshedpur, Purbi Singhbhum District, Jharkhand State residing at Flat No.402, Green Castle Apartment, Sujatha Pendurthi, Visakhapatnam, Visakhapatnam District. 2. Yogendra Choudhary, S/o. Chhatthoo Choudhary, aged about 36 R/o. Malahtola, NaripanchederaPost, Karanda Tana Uttar Pradesh State, Currently residing at Flat No. 101, NAR Residency Sujatha Nagar, Pendurthi, Visakhapatnam, Visakhapatnam District. ...PETITIONER/ACCUSED No.1,2 aged about 44 years, R/o. PO Telco, , Currently Nagar, years, GhazipurDistrict, AND The State Of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. i ./ : ...RESPONDENT Petition under Section 437 & 439 of Cr.PC and Section 480 & 483 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.1 2 on bail pending disposal of Crime No. 01/2025 of Pendurthi P.S., Visakhapatnam District This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gollapalli Maheswara Rao, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following: "■fc-'i APHC010152122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3234/2025 [3369] i-r Between; Binay Kumar Mishra and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused(S): 1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant; 1.PUBLIC PROSECUTOR The court made the following Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioners herein/Al and A2, seeking regular bail, in Crime No.l of 2025 of Pendurthy Police Station, registered for the offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the NDPS Act. Case of the prosecution, in brief, on 01.01.2025, on credible information, the Sub-Inspector of police along with his staff and mediators rushed to Vuda Colony, Chinamushidiwada, Pendurthi, and caught the accused in possession of 235Kgs of Ganja. The contraband along with other material was seized under the cover of mediators report. \ 2. \ 2 * m 3. Heard. Perused the record. 4. Learned counsel for the petitioners contends that the petitioners herein have been in judicial custody from 01.01.2025 and prays to grant bail to the petitioners herein. On the other hand, learned Assistant Public Prosecutor 5. opposed to grant bail on the ground that contraband allegedly involved in the present crime is 235Kgs of Ganja, which is a commercial quantity and further submitted that the case is still under investigation and some more witnesses are to be examined. 6. In view of the gravity of offence and involvement of huge quantity of ganja and in view of the bar contained under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioners. 7. Accordingly, the Criminal Petition is dismissed. Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// ^rsrcTION OFFICER To, 1. The I Additional District & Sessions Judge- Special Judge for trial of offences under NDPS Act, Visakhapatnam The Station House Officer, Pendurthi Police Station, Visakhapatnam Commissionerate One CC to Gollapalli Maheswara Rao, Advocate [OPUC] Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] Three CD Copies 2. 3. 4. 5. MV ssb HIGH COURT DATED: 02/04/2025 ORDER CRLP.No.3234 of 2025 DISMISSING THE CRIMINAL PETITION