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2025 DAILYLAW 51325 (AP)

AJAYA HANTAL @ AJJU HANTAL v. THE STATE OF ANDHRA PRADESH

CRLP/13292/2025 · 2025-12-29

Y Lakshmana Rao

body2025

Judgment text

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1 APHC010699392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13292/2025 Between: Ajaya Hantal @ Ajju Hantal ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.2 on bail in Crime No.443 of 2024 of Visakhapatnam Railway Police Station, registered against the Petitioner/Accused No.2 herein for the offences punishable under Section 20(b)(ii)(B) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The allegation against the petitioner/Accused No.2 is that he asked Accused No.1 to procure 15 kg of ganja. Accordingly, Accused No. 1 was in the process of delivering the ganja to Accused No.2. However, Accused No.1 was arrested while in possession and transportation of 15 kg of ganja. Based on the confession of Accused No.1, the petitioner was arrayed as Accused No.2 in this case. The petitioner was not found in possession of any contraband. But, he is ultimate receiver, as per the confession of the accused No.1. The seized contraband is not commercial quantity. The petitioner is permanent resident of Odisha State. He has got fixed abode. So far, six witnesses have been examined, all of them are material and official witnesses. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation may not arise. No petition seeking for custodial interrogation was filed by the police before the learned Court below concerned. Period for custodial interrogation is over. There are no adverse criminal adverse antecedents against the petitioner. If certain conditions are imposed, there is no likelihood of his absconding or evading the process of law. The petitioner was arrested on 10.12.2025. He has been in judicial custody for the past 20 days. 3 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties for the like sum each to the satisfaction of the learned VI Metropolitan Magistrate, Railways, Visakhapatnam. ii. The petitioner/Accused No.2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person 4 acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. The petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.12.2025 S D P 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13292 OF 2025 30.11.2025 S D P