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High Court of Andhra Pradesh · body

2025 DAILYLAW 55312 (AP)

Radhika Sethi v. THE STATE OF ANDHRA PRADESH

CRLP/9269/2025 · 2025-10-13

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAJI^ TUESDAY, THE FOURTEEI^H DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAd CRIMINAL PETITION NO: 9269 OF 2025 =5 AV \ 1 / ^ 'a V A' b S X > Uv \ K\ £ \ V Between: 1. Radhika Sethi. W/o. Sagar Molli, aged about 28 years, R/o. Ranginiguda Village, Kurathsingh, Paduva, Koraput District, Odisha State. 2.^ Mrutialama Handala @ Mutyalamma Vundal, W/o. Raghu, aged about 40 years, R/o. Ranginiguda Village, Kurathsingh, Paduva, Koraput District, Odisha State. ...Petitioners/Accused No.1, 2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Sections 480 & 483 of BNSS, 2023 (under sections 437 and 439 of Cr.P.C., 1973), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.1, 2 on bail pending disposal of Crime No. 200/2025 of Gopalapatnam P.S. Visakhapatnam. ) Counsel for the Petitioners : Sri Gollapalli Maheswara Rao Counsel for the Respondent : Assistant Public Prosecutor The Court made the following 2 ORDER: This criminal petition has been filed, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners- accused Nos. 1 and 2 on bail in crime No. 200 of 2025 of Gopalapatnam Police Station, Visakhapatnam Commissionerate, registered for the offence punishable under Section 20 (b) (ii) (C) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'), on the allegation of the petitioners-accused Nos. 1 and 2 with the help of other accused had indulged in dealing with 22.108 K.Gs. of Ganja. 2. Heard learned counsel for the petitioners-accused Nos. 1 and 2 and learned Assistant Public Prosecutor appearing for the respondent-State. 3. The allegation against the petitioner-accused No. 1 and the petitioner- accused No. 2 is that they had indulged in possession and transportation of 11.108 K.Gs. and 11 K.Gs. of Ganja respectively, in total 22.108 K.Gs. of Ganja. Section 29 of the NDPS Act would attract the case. They shared common intention of possession and transportation of Ganja. 22.108 K.Gs. is a commercial quantity. So far, five witnesses are examined. They are all official witnesses. The petitioners were arrested on 27-07-2025. They have been in judicial custody for the past 80 days. Learned Assistant Public Prosecutor submits that there are no similar criminal adverse antecedents reported against the petitioners. 3 4. Learned counsel for the petitioners-accused Nos. 1 and 2 submits that the petitioner-accused No. 1 is a lady and aged about 28 years. She is a pregnant and her expected date of delivery is 21-12-2025. To that effect, learned counsel has submitted a medical certificate dated 10-10-2025 issued by Deputy Civil Surgeon, Central Prison, Visakhapatnam. Since investigation is pending, the request of the petitioner-accused No. Hence, the petitipn against the petitioner-accused No. 2 is dismissed. However, considering the fact that the petitioner-accused No. 1 is a pregnant and her expected date of delivery is 21-12-2025, this Court is inclined to enlarge her on bail with the following conditions: 5. 2 cannot be considered at this juncture. (i) The petitioner-accused No. 1 shall be enlarged on bail subject to her executing a bond for a sum of Rs. 10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of learned II Additional Chief Judicial Magistrate at Visakhapatnam; (ii) The petitioner-accused No. 1 shall make herself available for investigation as and when required; The petitioner-accused No. 1 shall not cause any threat. (iii) inducement or promise to the prosecution witnesses; 4 The petitioner-accused No. 1 shall surrender her passport, if any, to the investigating officer. If she claims that she does not have passport, she shall submit an affidavit to that effect to the Investigating Officer; and The petitioner-accused No. 1 shall not leave the limits of State of Andhra Pradesh without the express permission from the Station House Officer concerned. The criminal petition is accordingly partly allowed. (iv) (V) 6. SD/-A.VIJAYA BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER For To l^The II Additional Chief Judicial Magistrate at Visakhapatnam. Z. The I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. The Superintendent, Central Prison, Visakhapatnam. 4- The Station House Officer, Gopalapatnam Police Station, Visakhapatnam Commissionerate. 5. One CC to Sri Gollapalli Maheswara Rao, Advocate [OPUC] 6. Two CCs Public Prosecutor, A.P. High Court, Amaravati [OUT] 7. One spare copy cvss HIGH COURT Dr.YLR.J DATED:14/10/2025 BAIL ORDER CRLP.No.9269 of 2025 ALLOWED ''‘“V »