APHC010040402025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION N Between: 1. AFAQ KHAN, S/O. NABI KHAN, AGED ABOUT 35 YEARS, R/O. 34 NEAR BUS STAND, BEGAMPUR PARK, MALVIYA NAGAR, SOUTH DELHI DISTRICT, DELHI (U.T.) 2. SUMIT KUMAR,, S/O. SAMYAL, AGED ABOUT 29 YEARS, R/O. 117 HATGANDA NALA, JJ COLONY, GARDEN, WEST DELHI DISTRICT, DELHI 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court 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: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO. 839 OF 2025 AFAQ KHAN, S/O. NABI KHAN, AGED ABOUT 35 YEARS, R/O. 34 NEAR BUS STAND, BEGAMPUR PARK, MALVIYA NAGAR, SOUTH DELHI DISTRICT, DELHI (U.T.) SUMIT KUMAR,, S/O. SAMYAL, AGED ABOUT 29 YEARS, R/O. 117 HATGANDA NALA, JJ COLONY, UTTAM NAGAR, DK MOHAN GARDEN, WEST DELHI DISTRICT, DELHI ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): OLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3327] THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY AFAQ KHAN, S/O. NABI KHAN, AGED ABOUT 35 YEARS, R/O. 34-A, NEAR BUS STAND, BEGAMPUR PARK, MALVIYA NAGAR, SOUTH SUMIT KUMAR,, S/O. SAMYAL, AGED ABOUT 29 YEARS, R/O. 117 UTTAM NAGAR, DK MOHAN ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, ...RESPONDENT/COMPLAINANT 2 ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A.6 & A.7, seeking regular bail, in Crime No.52 of 2024 of Pedabayalu Police Station, Alluri Sitharama Raju District. 2. A case has been registered against the petitioners herein and others for the offences punishable under Section 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 and Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that on 28.10.2024 at about 3.30 p.m., on credible information about illegal transportation of ganja, the Sub-Inspector of Police, Pedabayalu Police Station along with his staff and mediators, proceeded to Kothaputtu junction and while conducting vehicle checking, three persons disembarked from Maruthi Suziki Swift car coming from Kujabangi side and tried to escape from that place. Immediately, the police arrested A.3 to A.5 and seized 130 Kgs. of ganja from their possession. Then, the contraband along with vehicle and other material was seized under cover of Mediators’ report and initially a case has been registered against A.1 to A.5 (as at the behest of A.1 & A.2 only, A.3 to A.5 alleged to have committed the offence) and later basing on the confessional statement of A.3 to A.5, the petitioners were arrayed as A.6 and A.7 and they were arrested on 02.11.2024 and remanded to judicial custody. 3 4. Heard. Perused the record. 5. A perusal of the material on record goes to show that 130 Kgs. of ganja was seized from the possession of the accused, which is a commercial quantity. It is submitted by the learned Assistant Public Prosecutor that the investigation is not yet completed and that A.1 and A.2 are yet to be apprehended. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners/A.6 & A.7. 6. Accordingly, the Criminal Petition is dismissed. ________________________ K. SREENIVASA REDDY, J. Date: 06.02.2025 Tjn/anr 4 407 HON’BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO. 839 OF 2025 Date: 06.02.2025 Tjn/anr