I-_ lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR WEDNESDAY, THE THIRTIETH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE ?'g :PRESENT: HONOURABLE SRI JUSTICE I MALLIKARJUNA RA CRIMINAL PETITION NO: 3728 OF 2025 Between : 1. Prasant Majhi, S/o.ChaI|tanya, Aged 22 years, R/o.Taladeska Village, Gorakpur panchayat, KashI'Pur Black, Rayagada District, Odisha State. 2. Rupak Naik, S/o.TrI'Iochan Naik, Age 20 years, R/o.Taladeska Village, Gorakpur panchayat Kashipur BIack, Rayagada Distrl-ct, Odisha State ...Petitioners/A1 & A2 AND The State ofAndhra Pradesh, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Munchingput police station. ...Respondent Petition under section 437 & 439 of Cr.P.C old Act Under Section 480 & 483 of BNSS, 2023 is filed praying that I-n the circumstances stated in memorandum of grounds of crimI-nal Petition, the High Court may be pleased to enlarge the petitioners/A.1 & A.2 on Regular Bail in connectI'On With Crime No.41/2024 on the file of Munchingput Police Station, AIluru Sita Ramaraju DI'StriCt dated;26.10.2024; The petition coming on for hearing, upon perusing the petition and memorandum of grounds and upon hearing the arguments of sri puvvala Srinivasa Rao, Advocate for -the PetI®tiOnerS and Public Prosecutor for the Respondent; ORDER: This Cr|]minal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioners/Al and A2, seeking regular bail in Crime No.41 of 2024 of Munchingput Police Station, ASR District. 2, The above said crime Was registered against the Pet-ltiOnerS herein and others for the offence pun|lshable u/see.20(b)(ill)(C), 25 r/w 8(c) of the NDPS Act. 3. Case of the prosecution, in brief, iSthat, On 26.10.2024 at about4.00 pm, on receipt of credible information with regard to illegal possession and transportation of ganja, the sub-Inspector of police, along with his staff rushed to Labburu village Of Jolaput Panchayat and conducting Vehicle check-lng. They found a bike bearing registration No,OD 18 K 0139 coming towards them. police stopped the bike and checking the bike, in the meantime one auto bear'lng registration No.OD 30 F 1059 following the bike and when the inmates in the auto saw the police, they stopped the auto and tr|led to escape. Then police apprehended the inmates in the auto who are three in number and on enquiry, they disclosed their identity particulars as that of Al to A3. Police found 100 kgs Of ganja in their possession. They were arrested and remanded tO Court for judic'la[ ±t--_=. custody and the contraband and auto were seized. <-- - '' / Jr, 4. Learned counsel for the petitioners contended that the petitioners are in judicial custody from 26.10.2024 and most of the investigation is completed and after expiry of statutory period, poll'ce have not filed charge sheet, as such the petitioners are entitled for statutory bail. 5I On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. He further submitted that no antecedents are reported against the petitioners. 6. Heard both s`ide's. 7. The petitioners have been in remand since 26.10.2024, this Court views that most of the investigation concerning the role of the petitioners in the commission of the offence has likely been concluded. It has been submitted that the petitioners have permanent abode and there is no credible apprehension of their fleeing away from justice| since most of the witnesses are official, the release of the petitioners would not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet and also they have not filed any petition for extension of time for investigation. In view of seizure of huge quantity of contraband, imposing stringent conditions would meet the ends ofjustice| cs3Jst-* ~-rs3 l_9 ., ./, _,,,: 8. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioners herein/Al and A2 with the following conditions. (i) The petitioners herein/Al and A2 shall be released on their executing a personal bond for Rs.1,00]000/-(Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge-Gum- Special Judge for Trial of Offences under NDPS Act, Visakhapatnam; (ii) On release, the petitioners shall appear before the Station House Officer concerned on every Sunday in between 10.00 am and 1.00 pm for a period of three months; (iii) the petitioners shall not tamper with. the evidence and hamper the investigation and shall cooperate for investigation. 9, Accordingly, the Criminal Petition is allowed. sD/-K. SRINIVASA RAJU lsTP`AR A.SSl ForA //TRUE COPY// OFFICER Tol 1. The I Additional District & Sessions Judge-Gum-Special Judge for Tr'lal of Offences Under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapa{nam. 3. The Station House Officer, Munchingput Police Station, Alluru Sita Ramaraju Distr'lct. 4. One CC to Sri. Puvvala Srinivasa Rao, Advocate [OPUC] 5. Two cos to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy MM rTHts- z,,, -j, I E ? \t - \ HIGH COURT TMR,J DATED :30/04/2025 ORDER CRLP.No.3728 of 2025 ALLOWED `S:... _ 30 APR 2025 =,i:={`=g `