/r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRTIETH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4232 OF 2025 r;`.=_.,-. ` Between: 1. Rohit, S/o. Bhoori singh, aged about 23 years, R/o. Maa Kela Devi Phase 2, Rohta Baag, Gwall'or Road, Agra, Uttar Pradesh State. 2. Amit Singh Bhagour, s/o. Mahesh chand, aged about 19 years, R/o. Jaruan, Katara, Agra, Uttar Pradesh state. ...Petitioners/Accused No.1, 2 AND The State ofAndhra pradesh, Rep by its public prosecutor, High Court of Andhra pradesh. .uRespondent petition under section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, 2023 Its filed praying that jn the circumstances stated in memorandum of grounds of criminal pet[-lion, the High Court may be pleased to enlarge the petitioners/Accused Nos.1, 2 on ba" pending disposal of crime No.135/2025 of Visakhapatnam Railway P.S., Visakhapatnam ,I The petitI-On coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petjtl-on and upon hearing the arguments of Srj Adapa sudhakar Rao, Advocate for the petj{joners and Public Prosecutor for the Respondent; nE_ -a APHCO10201622025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HdNOURABLE SRI JUSTICE I MALLIKARJUNA RAO _ CRIMINAL PETITION NO: 4232/2025 Between : Rohit, and Others H.PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh .HRESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.ADAPA SUDHAKAR RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition u/See,480 and 483 of B.N.S.S. has been filed by the petitioners/Al and A2 seeking regular bail in Cr.No.135/2025 of Visakhapatnam GRP Vijayawada. 2. The above said crime was registered against the' petitioners and others for the offence punishable u/See.20(b)(ii)(B), r/w 8(c) of the Narcotic Drugs ;nd Psycho{ropic Substances Act, 1985 (for short [the NDPS Act'). 3. The case of the prosecution is as follows: GEE ri- ~`- I- i_I On 09.4.2025 in between ll.30 am to 3,00 pm, on receipt of credible information about illegal possession and transportation of ganja, the Sub Inspector of police, GRP Visakhapatnam along with his staff and mediators conducted checking at all platforms in visakhapatnam Railway station and found Al to A4 in suspicious circumstances. On seeing police, they tried to ran away. Then police apprehended' them and on enquiry, they disclosed their identity particulars as that of Al to A4 and police found 4 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and sent the accused to Court forjudicial remand. 4. Learned counsel for the petitioners/Al and A2 contended that even according to the case of the prosecution, the petitioners were arrested when they are found in possession of 4 kgs of ganja, which is a noh- commercial quantity and the petitioners are languishing in jail from 09.4.2025. and prays to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail to the petitioners but fairly conceded that the contraband seized `is below commercial quantity. He further submitted that the petitioners have no previous antecedents. ~6. Heard both sides. 7. Perused the entire'material on record. 8. Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of the petitioners is only 4 kgs of € ganja which is not commercial qua-ntity. The petitioners have been in judicial custody from o9.4.2025 and they have Permanent abode. As the contraband seized is not of commercial quantity, no reasons need to be recorded as contemplated u/sec.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 mostlof the investigation. might have been completed and the petitioners have permanent abode and there is no possibility of their fleeing away from justice, as such, this court is inclined to grant bail to the petitioners. ll. In the result, the Criminal Petition iS allowed With the following conditions: i. The petitioners/Al and A2 herein shall be released On bail On their execut|lng a personal bond far Rs.10,000/-(Rupees ten thousand only) each with two (o2) sureties for a l'lke Sum each tO the Satisfaction Of the learned I Additional District and Sessions Judge, V'lsakhapatnam', ii) After release, the Petitioners Shall attend before the Station House Officer concerned On every fortnight in between 10.00 am to 01.00 pm for a period of three (o3) months and the Pet'lt|lOnerS Shall furn'lSh the authenticated copies of their residence proof and ident'lty proof to the concerned; and iii) that the petitioners are directed not to hamper the investigatioh and tamper with the prosecution witnesses. 4 ss:I:s:I:4:#ng#:4:J¥E:R14 4 //TRUE COPY// For ASSISTANT r`L I.i Tol 1. The I Addit'lonal District & Sessions Judge-Spec'1al Judge for Trial of offences under NDPS Act, V'lsakhapatnam. 2. The Super'lntendent, Central Jail, VisakhaPatnam, V'lsakhapatnam District. 3. The Station House Officer, Visakhapatnam Railway P.S., Visakhapatnam, 4. One CC to Sri. Adapa Sudhakar Rao, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High-Court of AP [OUT] 6. One spare copy _-\ `= I ..a-I + ---_i .,`- /. I ^Il.£ -2. r'. •_--3+'=.:-, '<',i '=- _'\ rSpEC IAi a-£ii '3 0 .AP# 2fj25 HIGH COURT TMR,J DATED:30/04/2025 ORDER CRLPINo.4232 of 2025 ALLOWED