IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY i- TWO THOUSAND AND TWENTY FIVE : PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4646 OF 2025 Between: Boddu Vara Prasad, S/o,Sreenivasa Rao, Age about 26 R/o.Kantaram village, Koyyuru Mandal, Alluri Seetha Rama Raju District Aadhaar No. 449193742560 years. Petitioner/Accused-1 AND The State of Andhra Pradesh,, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Rradesh At Amaravati. Respondent/Complainant Petition under Sections 480 & 483 of BNSS, 2023 (Old Sections 437 and 439 of Cr.P.0.) is filed praying that in the circumstances stated in the affidavit filed in support of the Oriminal Petition, the High Court may be pleased to release the petitioner/Accused-1 on bail in crime 37 of 2025 under section 8c r/w 20(b)(ii)(B) of NDPS Act 1985 on the file of Tuni Town Police Station,Kakinada District (formally Known as East Godavari 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 KAKUMANU JOJI AMRUTHA RAJU Advocate for the Petitioner and the PUBLIC PROSECUTOR (AP) for the Respondent, the court made the following / ■ APHC010219482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4646/2025 Between: Boddu Vara Prasad, ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh 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/A1 seeking regular bail in Cr.No.37/2025 of Tuni Town Police Station, Kakinada District. The above said crime was registered against the petitioner and 2. 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 NDPS Act’). The case of the prosecution is as follows; 3. On 05.3.2025 at 9.00 am, on receipt of credible information about illegal possession and transportation of ganja, the Sub Inspector of police. 2 Tuni Town along with his'-staff and mediators rushed to fly over bridge, Narsipatnam bus stop, Tuni Town and found three persons 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 A1 to A3 and police found 6.480 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. Learned counsel for the petitioner/A1 contended that even according to the case of the prosecution, the petitioner was arrested when himself along with others were found in possession of 6.460 kgs of ganja, which is a non-commercial quantity and the petitioner is languishing in jail from 05.3.2025 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 petitioner has no previous antecedents. 4. 5. 6. Heard both sides. 7. Perused the entire material on record. Learned counsel for the petitioner submitted that the contraband alleged to be seized from the possession of the petitioner is only 6.460 kgs of ganja which is not commercial quantity. The petitioner has been in judicial custody from 05.3.2025 and he has permanent abode. As the contraband seized is not of commercial quantity, no reasons need to be 8. 4 3 Section 37 of the NDPS Act. Most of official witnesses and the release of the As most of the recorded as contemplated under the witnesses are shown to be accused would not cause hampering of investigation, completed and the petitioner has possibility of his fleeing away from investigation might have been permanent abode and there is i justice, as such, this Court is inclined to grant bail to the petitioner. no allowed with the following In the result, the criminal petition is 11. conditions; bail on his herein shall be released on for Rs. 10,000/- (Rupees ten thousand only) each to the satisfaction of the learned 1 i. The petitioner/AI executing a personal bond with two sureties for a like sum Additional District and Sessions Judge, Rajamahendravaram, ii) After release. the petitioner shall attend before the Station House Officer concerned once in a fortnight in between 10.00 am and 1.00 pm for a period of two (02) months; and iii) that the petitioner is tamper with the prosecution witnesses. is directed not to hamper the investigation and SD/.B.CHITTI JOSEPH SECTION OFFICER //TRUE COPY) For ASSISTANT KtUI5> i i\mK To, 1. The I Additional District & Sessions Judge-cum-Special Sessions Judge under the Narcotic drugs and Psychotropic for trail of the case Substances Act, 1985, Rajahmundry. 2. The Superintendent, Central Prison, Rajahmundry. 3. The Station House Officer, Tuni Town Police Station, Kakinada District (formally Known as East Godavari District). 4. One CC to SRI. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. 6. One spare copy I HIGH COURT « ' TMR,J DATED .06/05/2025 BAIL ORDER CRLP.No.4646 of 2025 ALLOWED