Research › Search › Judgment
High Court of Andhra Pradesh · body
2025 DAILYLAW 47780 (AP)
Hari Krushna Dangari v. THE STATE OF ANDHRA PRADESH
CRLP/4640/2025 · 2025-05-05
T Mallikarjuna Rao
body2025
[ 2025 DAILYLAW 47780 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 47780 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI IN THE the sixth DAY OF MAY, TWO THOUSAND AND TWENTY FIVE ■.PRESENT;
HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL.PETITION NO: 4640 OF 2025 tMOi m r si Between: Hari Krushna Dangari, S/o. Late Kasari Dangari, aged about 31 Years K.Gumma Post, Rayagada District, Odisha State .. .Petitioner/Accused-1 R/o. Kiyapadu Village AND Pradesh, Through Station House Officer, Government Vizianagaram Rep. by its Public Prosecutor, High The State of Andhra Railway Police Station, Court of Andhra Pradesh, Amaravathi, Guntur District. .. .Respondent/Complainant Petition under Sectioif^tSO & 483 of BNSS, 2023 is filed praying that memorandum of grounds of Criminal be pleased to release the petitioner/AI on No.65 of 2025 of Government Railway Police 8© r/w 20(b)(ii)(B) of NDPS Act, 1985 in the circumstances stated in Petition, the High Court may Bail in connection with Crime Station, Vizianagaram U/s Visakhapatnam District, 20-4-2025; _ The petition coming on for hearing, upon pemsing the Petition and memorandum of"grounds of criminal petition and upon hearing the Kakumanu Joji Amrutha Raju, Advocate for the Petitioner for the Respondent, the Court made the following
arguments of Sri and Public Prosecutor
ORDER: This Criminal Petition u/Sec.480 & 483 of B.N.S.S. has been filed Cr.No.65/2025 of by the petitioner/A1 seeking regular bail i Vizianagaram GRP Vijayawada.
2. 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 in NDPS Act’).
2
3. The case of the On 20.4.2025 about illegal possession of police, GRP conducted checking and found two they tried to they disclosed their i found 2 kgs of accused, seized the judicial remand. Learned according to the when himself along with ganja, which is a languishing in jail 20.4.2025 and petition.
5. On the other hand, for grant of bail to the seized is below petitioner has no Heard both sides. Perused the entire prosecution is as follows: at 7.00 pm, on receipt of credible information and transportation of ganja, the Sub Inspector Vizianagaram along with his staff and mediators at platform no.1 of Vizianagaram Railway Station persons in suspicious circumstances. On seeing police, escape. Then police apprehended them identity particulars as that of A1 and A2 and police Qanja in their and on enquiry. possession. Then police arrested the contraband and sent the accused to Court for
4. counsel for the petitioner/A1 contended that case of the prosecution, the petitioner was arrested others were found in possession of 2 kgs of non-commercial quantity and the petitioner is prays to allow the criminal even learned Assistant Public Prosecutor opposed petitioner but fairly conceded that the contraband commercial quantity. He further submitted that the previous antecedents.
6.
7. material on record.
3
Learned counsel for the petitioner submitted that the contraband alleged to be seized frorh the possession of the petitioner is only 2 kgs of ganja which is not commercial quantity. The petitioner has been in judicial custody from 20.4.2025 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
11. conditions; i. The petitioner/AI herein shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with one surety for a like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways; Visakhapatnam; 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 directed not to hamper the investigation and tamper with the prosecution witnesses.
SD/-B.CHITTI JOSEPH ASSISTANT^EGISTRAR SECTION OFFICER //TRUE COPYi
4 ^
1. The VI Additional Judicial Magistrate of First Class for Railways cum VI Additional Junior Civil Judge Court, Visakhapatnam.
2. The Superintendent, Central Prison, Visakhapatnam.
3. The Station House Officer, Government Railway Police Station, Vizianagaram.
4. One CC to Sri. Kakumanu Joji Amrutha Raju, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of AP [OUT]
6. One spare copy MM
HIGH COURT TMR,J DATED:06/05/2025
ORDER CRLP.No.4640 of 2025 ALLOWED •y\ HP O' m rfO m i 06 Co- •k ★fi^SPATCS