IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE iPRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4650 OF 2025 Between: Narahari Harijan @ Naresh Harijan, S/o. Satrugana Harijan, Aged 28 years, R/o Ranichachara Ratakhandiguda Village, Chitabeda Poast, Nabarangapur District. ... Petitioner/A4 AND The State of A.P., Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Visakhapatnam Police Station. ...Respondent Petition under Sections 437 & 439 of Cr.P.C(Old Act)/Under Sections 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.4 on Regular Bail in connection with Crime No.212/2024 on the file of Visakhapatnam Police Station, dated:03.07.2024 The petition, coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s Kolli Usha Kiranmayee, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following "4 APHC010218512025 IN THE HidH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4650/2025 Between: ...PETITIONER/ACCUSED Narahari Harijan @ Naresh Harijan AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.KOLLI USHA KIRANMAYEE 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/A4 seeking regular bail in Cr.No.212/2024 of Visakhapatnam GRP Vijayawada. The above said crime was registered against the petitioner and others for the offence punishable u/Sec.20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the 2. NDPS Act’). » - 2 3. The case of the prosecution is as follows: On 03.7.2024 in between 12.00 noon and 2.00 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 platform no.8 of Visakhapatnam Railway Station and found two persons in suspicious circumstances. On enquiry, they disclosed their identity particulars and police found 10.8 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. They confessed the involvement of other accused in the commission of the offence. 4. Learned counsel for the petitioner/A4 contended that even according to the case of the prosecution, the petitioner was arrested when himself along with another person was found in possession of 10.8 kgs of ganja, which is a non-commercial quantity and the petitioner is languishing in jail from 04.02.2025 and prays to allow the criminal petition. On the other hand, learned Assistant Public Prosecutor opposed 5. 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 no previous antecedents. 6. Heard both sides. 7. Perused the entire material on record. 3 Learned counsel for the petitioner submitted that the contraband alleged to be seized from the possession of the petitioner is only 10.8 kgs of ganja which is not commercial quantity. The petitioner has been in judicial custody from 04.02.2025 and he has permanent abode. 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. In the result, the criminal petition is allowed with the following 8. 11. conditions: i. The petitioner/A4 herein shall be released on bail on his executing a personal bond for Rs. 10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned VI Metropolitan Magistrate for Railways, Visakhapatnam; ii) After release, the petitioner shall attend before the Station House Officer concerned as and when his presence is required; and iii) that the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. I //TRUE COPY// section ^PFICER x To, 1. The Court of the VI Metropolitan Magistrate, Railways, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Government Railway Police Station, Visakhapatnam. 4. One CC to M/s. Kolli Usha Kiranmayee, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 6. One spare copy. PSD HIGH COURT TMR,J DATED:06/05/2025 BAIL ORDER CRLP.No.4650 of 2025 ALLOWED