lN THE flIGH COURT QF`ANDHRA PRADESH AT AMA THURSDAY, THE TWENTY FOURTH DAY OF A TWO THOUSAND AND TWENTY FIVE : PRESENT.I tbegrrf# THE HONOURABLE 'S.RI JUSTICE I MALLIKARJUNA R Betwee n I LET= *rty+ r CRIMINAL PE"+ION NO: 3982 OF 2025 ur Bora Prased, S/o. Appala Naidu Aged about 23 Years, Occ. Student R/o . 1 - 57, Karrothu Veedhi, KeIIa Vl'llage Gurla Mandalam, VI'Zianagaram District of ...Petitioner/Accused No.2 Lrf AND S The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at AmaravathI-,JGuhtur District. ...Respondent/complainant rf. S petition under sections`--480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the crI'minal Petition, the HI|gh `-Court may be pleased to enlarge the < petitioner/Accused No.2 in CriTie No. 108 / 2025 on the file of G.R.P PS, Visakhapatnam, on bail. |# { The Petition coming onlfor` haaring, upon perusing the petition and the! memorandum of grounds fI'I,ed ih support thereof and upon hearing the arguments of M/s M.S.V.S. SUDtHA RAJ}!1 Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the` Respondent,- _. ,._ir, + - + APHCO10188762025 ~r lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special Original Jurisd-ICtiOn) [3369] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE.SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3982/2025 Between : Bora Prasad ..|pETITIONER/ACCUSED AND The State Of Andhra Pradesh H|RESPONDENT/COMPLAINANT counsel for the petitioner/accused: 1. MSVS SUDHA RANI counsel for the Respondent/comPIainant: 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/A2 seeking regular bail in Cr.No.108/2025 of visakhapatnam GRP Vijayawada. 2. The above said Crime Was registered against the Petitioner and others for the offence punishable u/Sec.20(b)('li)(B) I/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short lthe NDPS Act'). 3. Thecaseofthe prosecution iS aSfOllOWS'. on 18.3.2025 in between 10.00 am and 12.00 noon, on receipt Of credible information about illegal possession and transportation of ganja, ~- Q`_a flThe SELflb lmSPeCflOIT ®f POIice', GFRP, VisakfrlaPaEnam Railway Sflathion al®mg wiflh inis staff amcl mec!iafl®FTS COmC!unctedi CtheCkirmg ®m P!aft form m®D8 ®fi VisakThapafimam Railway Sflatiom amdi flhaey founmd two peITS®mS im SthSPi®iOunS GiIT®urmSftamGeSo ©m S©eimg P®'iCe, fliney flITied flo rari away. lFhaen p®IiGe apprehended them and on enquiry, they disclosed their identity particulars as that of Al and A2 and police found 5 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. They confessed,the involvement of A3 and A4 in the commission of the offence. 4. Learned counsel for the petitioner/A2 contended that even according to the case of the prosecution, the petitioner was arrested when himself and A2 was found in possession of 5 kgs of ganja, which is a non-commercial quantity and the petitioner is .languishing in jail from 18.3.2025 and prays to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor oppos6d for grant of bail to the petitioner but fairly conceded that the contraband. seized is below commercial quantity. He further submitted that the petitioner has no previous antecedents. 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioner submitted that the contraband alleged to be seized from the possession of the petitioner and A2 is only five kilograms of ganja which is not commercial quantity. The petitioner / Gf=f6gr \`® . 3 ELL` L has been in judicial cust6dy from 18.3.2025 and he iS a Permanent resident of Gull Mandal, Vizianagaram District. As the contraband Seized is not of commercial quantity, no reasons need to be recorded as contemplated under section 37 of the NDPS Act. Most of the W'ItneSSeS are shown to be official witnesses and the release of the accused would not cause hamper'lng of investigation. As most of the inVeSt'lgatiOn might have been completed and the petition6r has permanent abode and there is no poss|1bility Of his fleeing away from justice, aS Such, this Court is inclined to grant bail to the petitioner. ll. ln the result, the Criminal Petition iS allowed with the following conditions-. i. The-petitioner/A2 herein shall be released On bail On his executing a personal bond for Rs.10,000/-(Rupees ten thOuS;nd Only) with two (o2) sureties for a like sum each tO the Sat'lSfaCtiOn Of the learned vl Additional Judicial Magistrate of First Class (Railways), Visakhapatnam; ii) After release, the Petitioner Shall attend before the Station House officer concerned on every sunday in between 10.00 am to 01.00 pm for a period of three (o3) months; and iii) that the petitioner is directed not to hanlPer the investigation and tamper with the prosecution witnesses. ~-'-~,: II#FtUE COPYII f + SD/-M.PRAB ASSISTANT _'\__ _ AKARA F€AO ]STRAR F\ SECTION OFFICEF?I I J, To, 1. The VI Additional Judicial Magistrate of I class for Railways Gum VI Additional Junior Civil Judge, Visakhapatnam, Visakhapatnam District 2. The Superintendent, District Central Jail, Adivivaram, ViSakhapatnam District 3. The Station HQuSe Officer, Government Railway Police Station, + visakhapatnam, visakhapatnam District I I 4. One CC to M/s MSVS SUDHA.RANI, Advocate [OPUC] 5. Two C6s to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR \ _\ i ~` -.-+ HIGH COURT TMR,J DATED : 24/04/2025 BAIL ORDER CRLP.No.3982 of 2025 ALLOWED ~VJ/ ~rf _/., /,. q'_i / -,,