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2025 DAILYLAW 57559 (AP)

Rati Matam alias Raju v. The State of Andhra Pradesh

CRLP/9837/2025 · 2025-10-08

Y Lakshmana Rao

body2025

Judgment text

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APHC010500382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9837/2025 Between: RATI MATAM ALIAS RAJU, S/O. KAMULU MATAM, AGED ABOUT 27 YEARS, BOIPARIGUDA, SEMILIGUDA, KOLLAR, KORAPUT, ODISHA - 764043. AADHAR N6.263956640040 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.9837 of 2025 Dated 09.10.2025 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’) by the petitioner/Accused No.3 for granting of bail in connection with Crime No.162 of 2025 of Government Railway Police Station, Visakhapatnam District, was registered for the alleged 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. The case of the prosecution is that on 28.04.2025 in between 8.30 hours and 12 hours, near Gate No.3, Platform No.1 of Visakhapatnam Railway Station, accused No.1 and 2 were found and arrested while they were transporting 37.5 Kgs of Ganja. 3. Sri Kakumanu Joji Amrutha Raju, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing 3 Dr. YLR, J Crl.P.No.9837 of 2025 Dated 09.10.2025 submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed to grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, this is the second bail application. There is no change in circumstance except for the completion of the inventory, which cannot be considered a change of circumstance. The petitioner/Accused No.3 is involved in the commercial transportation of ganja. The allegation of the prosecution is that he is the supplier of the ganja. The learned Assistant Public Prosecutor vehemently opposed to grant bail to the petitioner/Accused No.3. This Court is also not satisfied that there are no reasonable grounds for believing that the petitioner is 4 Dr. YLR, J Crl.P.No.9837 of 2025 Dated 09.10.2025 not guilty of the said offence and that he is not likely to commit any offence while on bail. 7. Considering the facts and circumstances of the case, there are no merits to grant bail to the petitioner. Hence, this Criminal Petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.10.2025 RSI 5 Dr. YLR, J Crl.P.No.9837 of 2025 Dated 09.10.2025 109 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.9837 of 2025 Date:09.10.2025 RSI