1 APHC010445372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8882/2025 Between: 1. ARELA BOJJI, S/O DULAIAH, AGED 42, D.NO.1-43, TULUGONDA VILLAGE, GUDUR PANCHAYAT, CHINTUM MANDALAM, ASR DISTRICT, AP. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by SHO, Mothugudem Police Station, East Godavari District, through Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to grant bail to the Petitioner/Accused No.3 in connection with Crime No. 15/2025 registered at Mothugudem Police Station, East Godavari District, pending inquiry and trial, and pass Counsel for the Petitioner/accused: 1. N V MOHANA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8882/2025 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/Accused No.3 on bail in Crime.No.15 of 2025 of Mothugudem Police Station, Alluri Sitharama Raju District, registered for the offences punishable under Section 8(c) read with 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Case of the prosecution is that on 06.06.2025 about 04.00 P.M, on receiving credible information about illegal transportation of Ganja, Sub-Inspector of Police, Mothugudem Police Station, along with his staff, while conducting vehicle checking found one Maruthi Swift Car coming from Donkarai side and when the police stopped the said vehicle, Accused Nos.2 & 3 got down and tried to escape. On verification of the said vehicle, the police found 100 KGs of Ganja and seized the said contraband, vehicle and mobile phones under cover of mediator’s report. 3. Sri N.V.Mohana Rao, learned counsel for the petitioner, contended that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly 3 adhere to the any conditions imposed by this Court; and urged to enlarge the petitioner on bail. 4. Per contra, Ms. Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed to enlarge the petitioner on bail submitting that if the petitioner is released on bail, there is every likelihood that he may abscond from the clutches of law and urged to dismiss the bail application. 5. Perused the record. 6. As seen from the record, the allegation against the petitioner/Accused No.3 is that he had indulged in dealing with 100 KGs of ganja with the assistance of the other accused. The petitioner was arrested on 06.06.2025. Has been in judicial custody for the past 120 days. The learned counsel for the petitioner submits that the arrest intimation of Accused No.3 was not in the language known to him. However, the learned Assistant Public Prosecutor produced before Court the grounds of arrest and the arrest intimation given to the petitioner as well as to his relative, which are in the Telugu language. Therefore, the contention of the petitioner is not sustainable. The investigation is still at a progressive stage. The petitioner is alleged to have dealt with a commercial quantity of ganja along with other accused. The learned Assistant Public Prosecutor opposed the grant of bail. This Court is also not satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the alleged offence or that he is not likely to commit any offence if released on bail. 4 7. Considering the facts and circumstances of the case, and the gravity and nature of the allegations leveled against the petitioner, the request for grant of pre-arrest bail at this juncture is not found to be convincing or reasonable. Hence, the petition is dismissed for the present. _________________________ DR. Y. LAKSHMANA RAO, J Date: 10.10.2025 KMS 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8882 OF 2025 10.10.2025 KMS