1 APHC010699432025 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: 13295/2025 Between: Bollinkala Balaraju and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. KOPPISETTI PARVATI DEVI 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 Nos.1 and 2/Accused Nos.1 and 2 on bail in Crime No.141 of 2025 of Port Police Station, Kakinada, East Godavari District registered against the Petitioners Nos.1 and 2/Accused Nos.1 and 2 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of 2 the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. The allegation against the petitioner Nos.1 and 2/Accused Nos.1 and 2 are that they were found in possession of 8 kgs of ganja while they were transporting the ganja. The seized contraband is not a commercial quantity. The petitioner Nos.1 and 2/accused Nos.1 and 2 were arrested on 28.11.2025. They have been in judicial custody for the past 32 days. There are no similar adverse criminal antecedents reported against the petitioner No.1/accused No.1, but seven (7) ‘the IPC’ cases are pending against him. There are five (5) ‘the IPC’ cases pending against the petitioner No.2/accused No.2 and one (1) ‘the NDPS Act’ case vide Crime No.261 of 2023 on the file of Jaggampeta Police Station reported against the petitioner No.2/accused No.2. So far nine witnesses are examined. 5. Considering the nature and gravity of the allegations against Petitioner No.1/Accused No.1, this Court is inclined to enlarge the Petitioner No.1/Accused No.1 on bail. Considering the gravity and nature of the allegations against the petitioner No.2/accused No.2 and his previous antecedents, this Court is not inclined to enlarge the petitioner No.2/accused 3 No.2 on bail at this juncture. Hence, the criminal petition against the petitioner No.2/accused No.2 is dismissed. 5. In the result, the criminal petition is partly allowed by inclined to enlarge the petitioner No.1/accused No.1 on bail, while dismissing the bail petition in respect of petitioner No.2/accused No.2, subject to the following stringent conditions: i. The Petitioner No.1/Accused No.1 shall be enlarged on bail subject to he executing bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties for the like sum each to the satisfaction of the learned Special Mobile Judicial First Class Magistrate, Kakinada. ii. The Petitioner No.1/Accused No.1 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 No.1/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner No.1/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The Petitioner No.1/Accused No.1 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. 4 vi. The Petitioner No.1/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person 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 No.1/Accused No.1 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: 13295 OF 2025 30.12.2025 S D P