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2025 DAILYLAW 55627 (AP)

KISHORE CARMAKAR v. THE STATE OF ANDHRA PRADESH

CRLP/3645/2025 · 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 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3645 OF 2025 Between: 1. Kishore Carmakar, S/o Suren Karmakar Aged 38 Years, C/ Karmakar, R/o.MV 108 Village, Varkal PS Limits, Malkangiri Odisha State. 2. Khemadas Khilla S/o Late Chirangi Khilla, Aged 39 Years, R/o Rekhapalli Village, Chitrakonda, Maljkangiri Odisha State. 3. Kamu Khemdu, S/o Dhanu Khemudu, Aged 40 Years. R/ Mantriput Village, Tunnel Camp Panchayt, Malkangiri Odsha State. ...PETITIONER/ACCUSED 3 & 4 AND 1. The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 480 & 483 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to release the petitioners on bail in on Cr. No 407/2024 Bommuru, Police Station East Godavari This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KOPPISETTI PARVATI DEVI, Advocate for the Petitioner and the Pubifc Prosecutor (AP) on behalf of the Respondent. The Court made the following ORDER : 1 APHC010168522025 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: 3645/2025 Between: Kishore Carmakar and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitloner/accused(S): 1.KOPPISETTI PARVATI DEVI 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/A1 to A3, seeking regular bail in connection with Crime No.407 of 2024 of Bommuru Police Station, East Godavari District, registered for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(C) of the NDPS Act. 2 Brief facts of the case are that, on 12.12.2024, at about 3.00 p.m., on 2. receipt of credible information, the SI of Police, Bommuru Police Station along with his staff conducted raids at DVB Raju Layout, Fruit Market, Diwancheruvu, Rajanagaram Mandal, caught hold the accused while they were transporting the Ganja of 205.800 kgs in eight bags in Mahindra Marshal vehicle, police seized the contraband and vehicle under the cover of mediators report. Consequently, a case has been registered against the accused. 3. Heard Smt.Kopisetti Parvathi Devi, learned counsel for the petitioners and Sri Neelothpal Ganji, learned Assistant Public Prosecutor for the respondent. Learned counsel for the petitioners would submit that the petitioners 4. have been in judicial custody since 12.12.2024 and most of the investigation completed and prays to allow the criminal petition. Contra to the same, learned Assistant Public Prosecutor vehemently 5. opposed the petition stating that the investigation is pending and the seized contraband is huge quantity and prays to dismiss the criminal petition. Considering the submissions made and on perusal of the material on 6. record shows that, the petitioners were arrested and remanded to judicial custody on 12.12.2024 and the contraband involved in the present case is 205.800 kgs which is a commercial quantity and in view of the bar contained 3 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 House Officer, Bommuru, Police Station East Godavari 1. Station District. 2. One CC to MS. KOPPISETTI PARVATl DEVI, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies Sm TAC HIGH COURT DATED:01/05/2025 ORDER CRLP.No.3645 of 2025 DISMISSING THE CRIMINAL PETITION