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2025 DAILYLAW 52658 (AP)

Brisu Pangi, v. The State of Andhra Pradesh

CRLP/4252/2025 · 2025-04-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAXCS THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT ^ THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4252 OF 2025 O *ts O Between; 1. Brisu Pangi, S/o Bikun Pangi, Age 18 years, Tentulipadar Villager, Andrapalli Panchayat, Chitrakonda Block Malkangiri District, Odisha. 2. Garram Ori, S/o Garram Shulu, Age 20 years, Bungaputtu Village and Panchayat Munchingput Mandal, ASR District. ...PETITIONER/ACCUSED N0.6 & 7 AND The State of Andhra Pradesh, Through Station House Officer, Munchingput Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Petition under Section 437 & 439 of Cr.P.C, 1973 R/w 480 & 483 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the petitioner on Bail in connection with Crime No. 51 of 2024 on the file of the Munchingput Police Station This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s BANDI PRAVEENA, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following ORDER: 1 APHC010195132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4252/2025 Between: Brisu Pangi, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.BANDI PRAVEENA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioners herein/A6 and A7, seeking regular bail in connection with Crime No.51 of 2024 of Munchingput Police Station, Alluri Seetharama Raju District, registered for the offences punishable under Sections 112(2)(b) BNS, 20(b)(ii)(C), 25 r/w 8(c) of the NDPS Act. A 2 2. Brief facts of the case are that, on 06.12.2024, at about 15.00 hours at Labburu Junction, Jolaout Panchayat, Munchingiputtu, Alluri Seetharamaraju District, on receipt of credible information, the Si of Police, Munchingiputti Police Station along with his staff went to scene of offence and conducted vehicle check, caught hold A6 to A8 while transporting the Ganja of 734 kgs, police seized the contraband under the cover of mediators report. A1 to A5 absconded. Consequently, a case has been registered against the accused. 3. Heard Ms.Bandi Praveena, learned counsel for the petitioners and Sri Neelothpal Ganji, learned Assistant Public Prosecutor for the respondent. 4. Learned counsel for the petitioners would submit that as per the remand report and FIR, the contraband seized is 734 kgs, whereas, the mediator’s report would show that it is 730 kgs of Ganja. It is also mentioned that the petitioners / A6 and A7 are transporting the Ganja for the purpose of their livelihood by taking Rs.5,000/- or Rs. 10,000/-. Learned counsel would submit that the petition may be allowed and release them on regular bail, since they have been injudicial custody from 06.12.2024. 5. Learned Assistant Public Prosecutor vehemently opposed the petition stating that the investigation is pending and prays to dismiss the criminal petition. / 3 Considering the submissions made and on perusal of the material on record, the contention raised regarding the quantity of contraband seized as 6. r per the mediator’s report as 730 kgs and as per the FIR, as 734 kgs, cannot be decided at this stage. But the present petitioners were caught red-handed by the police while transporting the Ganja, which is a commercial quantity of 734 kgs. In view of the bar under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioners at this stage. In the result, the Criminal Petition is dismissed. 7. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Munchingput Police Station, Alluri Seetharama Raju District (Erstwhile Visakhapatnam District) 2. One CC to M/s Bandi Praveena, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies RAM w HIGH COURT DATED:01/05/2025 ORDER CRLP.No.4252 of 2025 DISMISSING THE CRIMINAL PETITION