Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV^fH^j TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.4425 of 2025 Between:
1. Apurba Sarkar, S/o. Biswanath Sarkar, aged about 44 years, R/o. Raypur, PS-Domkal, Nawda ,Block, Murshidabad District, West Bengal State.
2. Jay Varma, S/o. Ram Palat Varma, aged about 38 years, R/o. Pachari Village, Bhagatpur Post, Ataraulia, Azamgarh, Uttar Pradesh State. ...Petitioners/Accused Nos.1 & 2 And The State of Andhra Pradesh- Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Sections 480. & .483 of BNSS (under Sections 437 & 439 of Cr.P.C) praying that in the circumstances stated X in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.1 2 on bail pending disposal of Crime No. 55/2025 of Government Railway Police Station Visakhapatnam. This Petition coming on for,hearing, upon perusing the Memorandum of Grc^unds of Criminal Petition and upon hearing the arguments of Sri Gollapalli Maheswara Rao, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent. The Court made the following:
APHC010209812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE lU [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4425/2025 Between; Apurba Sarkar and Others ...PETITIONER/ACCUSED{S) ...RESPONDENT/COMPLAINANT AND The State Of Andhra Pradesh Counsel for the Petitioner/accused(S):
1.GOLLAPALLI MAHESWARA RAO 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 b^ the petitioners/A1 & A2, seeking bail, in Crime No.55/2025 of Visakhapatnam, GRP Vijayawada District. A case has been registered against the petitioners and others for the offence punishable u/Sec.8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent/State. .. Case of the prosecution, in brief, is that, on 14.02.2025 in between 12.00 noon and 2.00 pm, on receipt of credible information regarding illegal possession and transportation of ganja, the S.l of Police, GRP
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2 Visakhapatnam along with staff and mediators conducted checking at platform no.1 of Visakhapatnam Railway station. They found two persons in suspicious circumstances. On seeing police they tried to ran way. Then police apprehended them and on enquiry, they disclosed their identity particulars as that of A1 and A2 and police found 28 kgs of ganja in their possession. Police arrested them and remanded them to judicial custody and seized the contraband. They confessed the involvement of other accused in the commission of offence. Heard. Perused the record.
5. Learned Assistant Public Prosecutor submits that maior 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 petitioners contended that the petitioners have been in judicial custody since 14.02.2025 and they had permanent ^bode and prays to allow the petition. The record shows that the petitioners have been in judicial custody from 14.02.2025. The seized contraband is 28 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 petitioners at this stage. In the result, the Criminal Petition is dismissed.
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Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District.
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2. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District.
3. The Station House Officer, Government Railway Police Station Visakhapatnam, Visakhapatnam District.
4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT]
5. One CC to Sri Gollapalli Maheswara Rao, Advocate [OPUC]
6. Three CD Copies f TK TF X •'®.
HIGH COURT DATED;06/05/2025
ORDER CRLP.No.4425 of 2025 % ?3 JUI 2025 . O’ f9. ^ . Current Section ^ •*9 DISMISSING THE CRIMINAL PETITION