APHC010497442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9892/2025 Between: KILLO DHANURJAY, S/O SAHADEV, AGE 34 YEARS, R/O D.NO. 45 JAMUGUDA, PEDABAYALU ALLURI SITARAMARAJU DISTRICT ...PETITIONER/ACCUSED AND THE STATE STATION HOUSE OFFICER, Station House Officer, G.Madugula P.S, Visakhapatnam Rep. by State Public Prosecutor, High Court of A.P., Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: RAMINENI SUDHEER Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.9892 of 2025 Dated 06.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.3 for granting of pre-arrest bail in connection with Crime No.32 of 2025 of Gangaraju Police Station, ASR District, registered for the alleged offences punishable under Section 20(b)(ii)(C), Section 25 read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 25.07.2023 at 20:30 hours, the Sub-Inspector of Police, G. Madugula Police Station, received information about the illegal transportation of ganja. He, along with a team of ASI, staff, and mediators, rushed to the spot by private jeep. During vehicle checking, a car bearing No.MH 46 K 0079, coming from Nurmathi side, attempted to escape on seeing the police. The ASI and his staff chased and apprehended the driver and occupants. On interrogation, they voluntarily disclosed their identities. Verification of the Ford Endeavour revealed four white gunny bags containing 80 Kgs of ganja. The ASI seized the ganja, the car, and two android mobile phones after collecting samples, under the cover of the mediators’ report. The 3 Dr. YLR, J Crl.P.No.9892 of 2025 Dated 06.10.2025 accused A1 and A2 were taken into custody and handed over to the Sub-Inspector of Police, G. Madugula, along with the mediator report and seized property. Based on this, the FIR was registered. 3. Mr. Ramineni Sudheer, the learned counsel for the petitioner, contends that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor vehemently opposed to grant of pre-arrest bail to the petitioner, submitting that the investigation is still at progressive stage and several material witnesses remain to be examined. It is contended that if the petitioner is released on pre-arrest bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law, and it is urged to dismiss the petition. 4 Dr. YLR, J Crl.P.No.9892 of 2025 Dated 06.10.2025 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegations against the petitioner/Accused No.3 are that the petitioner, along with the other accused, was found in possession of 80 KGs of Ganja, which is a commercial quantity. As per the judgment of the Hon’ble Apex Court in Special Leave to Appeal (Criminal) No.9540 of 2025, dated 07.07.2025 in the case of Dinesh Chander v. State of Haryana, in general Anticipatory Bail is not maintainable against the accused, who is involved in NDPS cases. 7. Considering the nature of allegations levelled against the petitioner, his alleged role played in this case, this Court does not deem it fit to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner requests this Court to grant liberty to the petitioner/A-3 to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application for his release before the Jurisdictional Magistrate concerned. 8. In the result, the Criminal Petition is dismissed, granting liberty to the petitioner/A-3 to surrender before the learned jurisdictional Magistrate concerned within a period of one (01) week from the date of 5 Dr. YLR, J Crl.P.No.9892 of 2025 Dated 06.10.2025 receipt of copy of this order and move an appropriate application before the learned Jurisdictional Magistrate for enlarging him on bail. The learned Jurisdictional Magistrate shall endeavour to dispose of the application on its own merits in accordance with law by giving due and sufficient opportunity of hearing to the learned Public Prosecutor and pass appropriate orders within a reasonable time. _________________________ DR. Y. LAKSHMANA RAO, J Date: 06.10.2025 RSI 6 Dr. YLR, J Crl.P.No.9892 of 2025 Dated 06.10.2025 78 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.9892 of 2025 Date:06.10.2025 RSI