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2025 DAILYLAW 48577 (AP)

Rati Matam alias Raju v. The State of Andhra Pradesh

CRLP/12182/2025 · 2025-12-02

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL>^^! A' \ WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12182 OF 2025 Between; Rati Matam @ Raju, S/o. Kamulu Boipariguda, Semiliguda, Kollar, No.263956640040. Matam, aged about 27 Years, Koraput, Odisha -764043. Aadhar ... Petitioner/Accused-3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, Judicature of Andhra Pradesh At Amaravati. High Court of ■ ..Respondent/Complainant Petition under Section 480 and 483 of BNSS, 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 release the petitioner/Accused-3 bail in Cr.No. 162/2025 under section 8©r/w 20(b)(ii)(c) of NDPS Act 1985 on the file of the Government Railway Police Station, Visakhapatnam. 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 of Public Prosecutor for Respondent, the Court made the following 1 APHC010633662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12182/2025 Between: Rati Matam Alias Raju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.3 on bail in Crime No. 162 of 2025 of Government Railway Police Station, Visakhapatnam, registered against the Petitioner/Accused No.3 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). .2 Heard the learned counsel for the petitioner and the learned Assistant 2. Public Prosecutor. Perused the record. As seen from the record, the petitioner was arrested on 03.06.2025 and 3. has been in judicial custody for the past 180 days. This is the fourth bail application. The role of the petitioner came into light based on the confessions of Accused Nos.1 and 2, who were apprehended while in possession of 37 kg of ganja. It is a commercial quantity. It is alleged by the prosecutionthat the petitioner/Accused No. 3 is the supplier of the ganja. A petition was filed before the learned Trial Court seeking extension of remand beyond 180 days. The charge sheet has not yet been filed, and Accused No. 4 is still at large. The petitioner is a permanent resident of the State of Odisha. He has got fixed abode. No petition seeking custodial interrogation of the petitioner was filed by the police before the concerned Court. If certain conditions are imposed, there is no likelihood of his absconding or evading the process of law. The petitioner has been in judicial custody beyond the statutory period of 180 days. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not 4. completed within 180 days, the petitioner/Accused No.3 has an indefeasible right to bail, unless the Special Court extends the period up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. 3 5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.3, this Court is inclined to enlarge the Petitioner/Accused No.3 on bail. 6. In the result, the Criminal Petition is allowed with the following stringent conditions: The Petitioner/Accused No.3 shall be enlarged on bail subject to he executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways-cum-VI Additional Civil Judge, Visakhapantam. I. ii. The Petitioner/Accused No.3 shall appear before the Station Flouse Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.3 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. The Petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. The Petitioner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required, vi. The Petitioner/Accused No.3 shall not, directly or indirectly, make any inducement, threat or promise to any IV. V. ,4 person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court, SDI- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VI Additional Judicial Magistrate of 1®* Class for Railways cum VI Additional Civil Judge Court, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Government Railway Police Station, Visakhapatnam. 4. One CC to Sri Kakumanu Joji Amrutha Raju, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT 6. One spare copy. PSD HIGH COURT DR.YLR,J DATE:03/12/2025 BAIL ORDER CRLP.No.12182 of 2025 ALLOWED