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2025 DAILYLAW 44087 (AP)

NALLAPATI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

CRLP/4228/2025 · 2025-04-29

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRTIETH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO* CRIMINAL PETITION NO: 4228 OF 2025 X Between: Nallapati Venkateswarlu, S/o. Chenchaiah, Aged 43 years, R/o.D.No. 2-39, Telaballi Village & Mandal, Nalgonda District. ...Petitloner/A.1 AND The State of A.P, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Krishnadevipeta Police Station. ...Respondent Petition under Section 437 & 439 of Cr.P.C./480 & 483 of BNSS, 2023, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A. 1 on Regular Bail in connection with Crime No. 131/2021 on the file of Krishnadevipeta dated;09.09.2021. Police Station, Visakhapatnam District The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Kotti Siva, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following APHC010200462025 IN THE HlOH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4228/2025 Between: Nallapati Venkateswarlu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KOTTI SIVA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition u/Sec.480 and 483 of B.N.S.S. has been filed by the petitioner/A1 seeking regular bail in Cr.No.131/2021 of K.D.peta Police Station, Visakhapatnam District. 2. The above said crime was registered against the petitioner for the offence punishable u/Sec.20(b)(ii)(B), 25 r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). The case of the prosecution is as follows: 3. On 09.9.2021 at about 8.00 am, on receipt of credible information about illegal possession and transportation of ganja, the Sub Inspector of 2 police, along with his staff and mediators rushed to Saibaba temple, A.L.Puram and conducted vehicle checking. They found one Bajaj pulsar motorcycle bearing registration no.TS 29 K 3983 coming from Rompula ghat and on seeing police, the rider and pillion rider of the motorcycle stopped the vehicle and escaped from there. Then police verified their baggage and found 13 kgs of ganja in the bags. On 24.3.2025 police arrested A1 in this crime. Learned counsel for the petitioner/A1 contended that even according to the case of the prosecution, the petitioner was arrested on 24.3.2025 and the contraband seized was 13 kgs of ganja, which is a non-commercial quantity and the petitioner is languishing in jail from 24.3.2025 and prays to allow the criminal petition. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail to the petitioner but fairly conceded that the contraband seized is below commercial quantity. He further submitted that the 4. 5. petitioner has no previous antecedents. 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioner submitted that the contraband alleged to be seized is only 13 kgs of ganja which is not commercial quantity. The petitioner has been in judicial custody from 24.3.2025 and he is a permanent resident of Teilaballi Village, Nalgonda District. As the contraband seized is not of commercial quantity, no reasons need to be 3 recorded as contemplated 'u/Sec.a/ of the NDPS Act. witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation. As most of the investigation might have been completed and the petitioner has permanent abode and there is no possibility of his fleeing away from justice, as such, this Court is inclined to grant bail to the petitioner. In the result, the criminal petition is allowed with the following Most of the 11. conditions: i. The petitioner/AI herein shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Visakhapatnam; ii) After release, the petitioner shall attend before the Station House Officer concerned once in a week in between 10.00 am to 01.00 pm for a period of three (03) months; and iii) that the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. Sd/- K.TATA RAO DEPUTY.REGlSTRAR r //TRUE COPY// SECTION OFFICER To, 1. The I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Krishnadevipeta Police Station Visakhapatnam District. 4. One CC to Sri Kotti Siva, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P. Amaravati.[OUT] 6. One spare copy. p.cin HIGH COURT TMR,J DATED:30/04/2025 BAIL ORDER CRLP.No.4228 of 2025 allowed ,0A'MM fP 10 ^/o m Co •35 \a.