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2025 DAILYLAW 4896 (AP)

Kamteri Bijay v. The State of Andhra Pradesh,

CRLP/872/2025 · 2025-03-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010039272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 872/2025 Between: Kamteri Bijay ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. MANTHRAPUDI V RAMANA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 872 of 2025 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/A-5, seeking regular bail, in Crime No.137 of 2024 of Yetapaka Police Station, Alluri Sitharama Raju District, registered for the offence punishable under Sections 111(2) (b) and 111(4) of the BNS and Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that, on 12.11.2024, the Sub- Inspector of Police along with his staff and mediators while conducting raid at Bojjaguppa Centre, Yetapaka, they caught hold of A1, A3 to A6 while they were in possession and transportation of Ganja of 100Kgs, which was supplied by A1 and A2 packed in 5 white color plastic bags by two cars. The contraband along with other material was seized under the cover of mediators report. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. Perused the material on record. 4. Learned counsel for the Petitioner would submit that similarly placed person i.e., A3 has obtained regular bail from a Co-ordinate Bench of this Court in the very same crime, vide order in Crl.P.No.394 of 2025, dated 3 24.03.2025. The petitioner herein was arrested on 12.11.2024 and since then he has been in judicial custody. 5. Learned Assistant Public Prosecutor would submit that the regular bail to A3 was granted on medical grounds and is not on same footing. The quantity of contraband involved in present crime is 100 Kgs of Ganja, which is a commercial quantity. Learned Assistant Public Prosecutor vehemently opposed the petition in the light of Section 37 of NDPS Act. 6. In view of the aforesaid facts and circumstances of the case, this Court does not find any grounds to consider the case of the Petitioner for granting of regular bail. 7. Accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date:27.03.2025 UPS 4 51 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P. No.872 of 2025 Dated.27.03.2025 UPS