[3369] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT|^ FRIDAY .THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY.FIVE iPRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4387 OF 2025 m,mm. is mi y. ’4 '\," ^ // .* !<• Between: S/o.Siva, Aged about 20 Years Babu Vanapally Mohith R/o.Sundarayya Colony, Gajuwaka, Visakhapatnam District Petitioner/Accused AND The State of Andhra Pradesh, through Gajuwaka P.S., Visakhapatnam Rep. by Public Prosecuter, High Court of A.P.at Amaravathi. Respondent/Complainant Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release/enlarge the petitioner/A1 regular bail in connection with Crime No. 145 of 2025 of Gajuwaka PS Visakhapatnam. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Y V SRINIVASAN Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHC010205912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4387/2025 Between: Vanapally Mohith Babu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.YVSRINIVASAN Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER; This Criminal Petition u/Sec.480 and 483 of B.N.S.S. has been filed by the petitioner/accused seeking regular bail in Cr.No. 145/2025 of Gajuwaka Police Station, Visakhapatnam Commissionerate. 2. The above said crime was registered against the petitioner and another 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 NDPS Act’). 3. The case of the prosecution is as follows: On 27.3.2025 at 12.30 pm, on receipt of credible information about illegal possession and transportation of ganja, the Sub Inspector of police 2 along with his staff and mediators conducted vehicle checking at Y junction, Gajuwaka and they found one person in suspicious circumstances. On seeing police, he tried to ran away. Then police apprehended him and on enquiry, he disclosed his identity particulars as that of A1 and police found 1 kg of ganja in his possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. He confessed the involvement of A2 in the commission of the offence. Learned counsel for the petitioner/A1 contended that even 4. according to the case of the prosecution, the petitioner was arrested when he was found in possession of 1 kg of ganja, which is a non commercial quantity and the petitioner is languishing in jail from 27.3.2025 and prays to allow the criminal petition. On the other hand, learned Assistant Public Prosecutor opposed 5. for grant of bail to the petitioner but fairly conceded that the contraband He further submitted that the seized is below commercial quantity. petitioner has no previous antecedents. Heard both sides. 6. Perused the entire material on record. 7. Learned counsel for the petitioner submitted that the contraband alleged to be seized from the possession of the petitioner is only one kilogram of ganja which is not commercial quantity. The petitioner has been in judicial custody from 27.3.2025 and he is a permanent resident of 8. 3 As the contraband seized is not of need to be recorded as contemplated Gajuwaka, Visakhapafnam. commercial quantity, no reasons 37 of the NDPS Act. Most of the witnesses are shown to under Section witnesses and the release of the accused would not cause be official hampering of investigation. As most of the investigation might have been and the petitioner has permanent abode and there is no completed possibility of his fleeing away from justice, as to grant bail to the petitioner. In the result, the criminal petition is allowed with the following such, this Court is inclined 11. conditions; herein shall be released on bail on his i. The petitioner/accused executing a personal bond for Rs.10,000/- (Rupees ten thousand only) each to the satisfaction of the learned with one (01) surety for a like sum III Additional Chief Judicial Magistrate, Gajuwaka, Visakhapatnam; ii) After release, the petitioner shall attend before the Station House Officer concerned as and when his presence is required; and iii) that the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. SDI- K.SRINIVASA RAJU ASSIST^T^J SECTION OFFICER EGISTRAR //TRUE COPY// For The III Addl. Chief Judicial Magistrate, Gajuwaka, Visakhapatnam. 1. 2. The Superintendent, Central Prison, Visakhapatnam. The Station House Officer, Gajuwaka Police Station, Visakhapatnam. 3. One CC to SRI. Y V SRINIVASAN Advocate [OPUC] 4. 5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. 6. One spare copy HIGH COURT TMR,J DATED:02/05/2025 BAIL ORDER CRLP.No.4387 of 2025 ALLOWED