``_ I EE. EJ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: +:-._i.i THE HONOURABLE SRI JUSTICE T MALLIKARJUNA Rat CRIMINAL PETITION NO: 4167 OF 2025 Between : [3369] Appikonda Bharath Kumar @ Bharath @ Nani, s/o Srjnivasa Rao, aged 24 years, R/o D. No. 4-126, Kummari Veedhi, Adavivaram, VI-SakhaPatnam Aadhar Card No.68321256 8076 Petitioner/Accused-1 AND The State of Andhra Pradesh, .Through Station House Officer, Gopalapatnam Police Station, Rep. by its Public Prosecutor, High Court ofAndhra Pradesh, Amaravathi, Guntur District. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/Al on Bail in connection with Crime No. 64 of 2025 of Gopalapatnam Police Station,Visakhapatnam District, U/s 20(b)(ii)(B) of NDPS Act,1985 Visakhapatnam District, 08-03-2025 COUNSEL FOR THE PETITIONER : SRI. KAKUMANU JOJI AMRUTHA RAJU COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER ~ APHCO10198682025 E#E EF#I::I:. givEii IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Specl-aI Original Jurisdiction) [3369] FRIDAY, THE TWENTY FIFTH DAY OF APRIL - TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I IVIALLIKARJUNA RAO CRIMINAL PETITION NO: 4167/2025 Between : Appikonda Bharath Kumar @ Bharath @ Nani ...P'ETITIONER/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: This Criminal Petition u/Sec.480 and 483 of B.N.S.S. has been filed by the petitioner/Al seeking regular .bail in Crime No.64 of 2025 of Gopalapatnam Police Station. 2. The above said crime was registered against the petitioner and others for the offe`nce punishable under Sections 20(b)(ii)(B) I/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief is that on o8.03.2025, on receipt of credible information about illegal possession and transportation of ganja, the Sub-Inspector of police along with his staff and mediators rushed to north simhachalaL railway quarters road, Gopalapatnam, and caught the accused in possession of 2 Kg.s of Ganja. The contraband along with other material was seized under the cover of mediators report. _ -_`-.\dr i- 4. Learned counsel for the petitioner submits that the petitioner herein has been in judicial custody from 08.03.2025 and prays this Court to. grant bail to the petitioner herein. 5. 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 petitioner has involved in three other crimes. 6. Heard. P;rused the entire material on record. 7. Learned counsel for the petitioner submitted that the contraband alleged to be involved in the present crime is only 2 Kgs of ganJ'a Which iS not commercial quantity. The petitioner has been in J'udiCial Custody from o8.3.2025 and he is a permanent resident of visakhapatnam. As the contraband seized is not of commercial quantity, no reasons need to be recorded as contemplated under Section 37 of the NDPS Act. Most of the 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. 8. ln the result, the criminal petition is allowed with the following conditions: i. The petitioner herein/Al shall be released on- bail on his executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned * (_ Li I Additional District & Sessions Judge-Gum-SpecI'al Judge for Trail of offences under NDPS Act, Visakhapatnam. ii) After release, the petitioner shall attend before the Station House Officer concerned on every Sunday in between 10.00 am to 01.00 pm for a period of three (03) months; and iI'I®) that the Petitioner iS directed not tO hamper the investigation and tamper with the prosecution witnesses. sD/-M.PRABHAKARA RAO //TRUE COPY// To'1 The I Addltlonal DIStr[ct & SessIOnS Judge-Special Judge for Trlal of Offences under NDPS Act, Visakhapatnam 2. The " Additional Chief Judicial Magistrate at Visakhapatnam. 3. The superintendent, Central Prison, VisakhaPatnam 4. The Station House Officer, Gopalapatnam Police Station, visakhapatnam District 5. One CC to SRl. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT] 7. One spare COPY iiiiiii± +. HIGH COURT TMR,J DATED :25/04/2025 BAIL ORDER CRLPINo.4167 of 2025 ALLOWED -,** \|*