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2025 DAILYLAW 55157 (AP)

GAVEL TIRUPATHI v. THE STATE OF ANDHRA PRADESH

CRLP/3321/2025 · 2025-04-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3321 OF 2025 Between: Gavel Tirupathi, S/o Babu Rao, Aged 19 years, R/o Inhari Panchayat Pedabayalu Mandal, Alluri Sitarama Raju District ...PETITIONER/ACCUSED N0.1 AND The State of Andhra Pradesh, through Station House officer, G.Madugula PS, Visakhapatanam City, Rep. by Public Prosecutor, High Court at Amaravati. ...RESPONDENT/COMPLAINANTS Petition under Section 437 & 439 of Cr.P.C.,/ 480 & 483 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to release the Petitioner/AI on bail in connection with Crime No. 51 of 2024 of G.Madugula P.S This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ramineni Sudheer, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following order: APHC010155752025 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: 3321/2025 Between; Gavel Tirupathi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.RAMINENI SUDHEER 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 petitioner herein/A1, seeking regular bail in connection with Crime No.51 of 2024 of Gangaraju Police Station, Alluri Sitharama District registered for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the NDPS Act. Brief facts of the case are that, on 15.11.2024, at about 9.00 hours, on receipt of credible information, the AS! of Police, G.Madugula Police Station along with his staff and mediators rushed to Nurmathi Village Junction and conducted vehicle checking. The Police arrested one person and seized 200 kgs of contraband/ ganja in five white color plastic bags and one Mahindra commander jeep under the cover of mediators report. Consequently, a case has been registered against the accused. 2. None represented for the petitioner. 3. Heard learned Assistant Public Prosecutor representing on behalf of the 4. State. Perused the material on record. 5. As can be seen from the record, the petitioner, who is A1 has been in Statutory period is not over. 6. The judicial custody since 15.11.2024. contraband involved in the present case is 40 kgs which is commercial quantity and in view of the bar contained under Section 37 of the NDPS Act, this Court is not inclined to release the petitioner on regular bail at this stage. Learned Assistant Public Prosecutor brought to the notice of this Court the contraband seized is 200 kgs, but not 40 kgs as 7. that in this case, mentioned in the affidavit. Viewed from any angle, in the light of the bar under Section 37 of the 8. NDPS Act, this Court is not inclined to release the petitioner on regular bail at this stage. 9. Accordingly, the Criminal Petition is dismissed. Sd/- K.KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, G.Madugula Police Station, Visakhapatanam City, One CC to Sri Ramineni Sudheer, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh Three CD Copies 2. 3. [OUT] 4. RAM HIGH COURT DATED:01/05/2025 ORDER CRLP.No.3321 of 2025 DISMISSING THE CRIMINAL PETITION