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2025 DAILYLAW 47795 (AP)

SIBINDRA HANTAL v. THE STATE OF ANDHRA PRADESH

CRLP/4633/2025 · 2025-05-05

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE P. PRESENT HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.4633 of 2025 Between: Sibindra Hantal, S/o. Gundu Hantal, Age 40 years, N/o. Siragamput Village, Parajabadapada Panchayat, Nandapur Block, Koraput District, Odisha. ...Petltioner/A-3 AND The State of Andhra Pradesh, (Pedabayalu Police Station) Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Guntur District. ■ ...Respondent/Complainant Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the release of the Petitioner/A-3 on Bail pending enquiry and trial in connection with Crime No.02/2025 of Pedabayalu Police Station, Visakhapatnam District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Arrabolu Sai Naveen, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following Order: • APHC010219072025 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: 4633/2025 Between: Sibindra Hantal ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.480 & 483 of the BNSS, has been filed by the petitioner/A3, seeking bail, in Crime No.50/2025 of Pedabayalu Police Station, Alluri Sitharama Raju District. A case has been registered against the petitioner and others for the offence punishable u/Sec.111(2)(b) of Bharatiya Nyaya Sanhitha, 2023 and Section.20(b)(ii)(C), 25 r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. Case of the prosecution, in brief, is that, on 11.01.2025 at 8.00 am, 2. I v 3. V, V X 4. on receipt of credible information regarding illegal possession anc 2 transportation of ganja, the S.l of Police, along with staff and mediators conducted vehicle checking at Sampangiput village road junction. They found one in suspicious circumstance and on seeing police, he tried to ran away. Then police apprehended him and on enquiry, he disclosed his identity particulars as that of A3 and police found 431 kgs of ganja in his possession. Police arrested him and remanded him to judicial custody and seized the contraband and he confessed the involvement of other accused. Heard. Perused the record. 6. Learned Assistant Public Prosecutor submits that major part of the investigation is completed except filing of charge sheet for want of RFSL report and prays to dismiss the petition. Learned counsel for the petitioner contended that the petitioner has been in judicial custody since 11.01.2025 and he has permanent abode and prays to allow the petition. The record shows that the petitioner has been in judicial custody from The seized contraband is 431 kgs of ganja which is huge quantity. In view of bar contained under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage. / In the result, the Criminal Petition is dismissed. 5. 7. 8. 11.01.2025. 9. 1 Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER 1. The I Additional District and Sessions Judge-cum-Special Judge for Disirict Visakhapatnam, Visakhapatnam 2. The Judicial First Class Magistrate, Paderu, Visakhapatnam District. //TRUE COPY// To 3. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District. 4. The Station House Officer, Pedabayalu Police Station, Visakhapatnam District. 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 6. One CC to Sri Arrabolu Sai Naveen, Advocate [OPUC] 7. Three CD Copies TK vna HIGH COURT DATED:06/05/2025 ORDER "A- (P * f) 1 Auc 7m m CRLP.No.4633 of 2025 . CittW®ntififLUPXi ^ DISMISSING THE CRIMINAL PETITION