APHC010515682025 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: 10109/2025 Between: 1. PALANI RAJESH, S/O LATE PALANI,AGED ABOUT 40 YEARS,R/O. 80D BLOCK,POONDI THANGAMMAL STREET,KUDISAIPAKUTHI,NEW WASHERMENPET, TONDIARPET,CHENNAI, TAMIL NADU STATE 2. JABUNISHA, ,W/O. LATE SEKHAR,AGED ABOUT 58 YEARS,R/O D.NO. 319, ANNA NAGAR,TONDIARPET, CHENNAI,TAMIL NADU STATE. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, SHO, GRP Guntakal, Nellore Police Station,Rep. by its Public Prosecutor,High Court of Andhra Pradesh,Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10109 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 petitioners/Accused Nos.1 and 2 for granting of bail in connection with Crime No.102 of 2025 of GRP Guntakal, Nellore Police Station, SPSR Nellore 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 21.08.2025 at about 17:45 hours, on receiving credible information regarding the illegal possession and transportation of ganja, the Inspector of Police, Nellore Railway Police Circle, along with his staff, proceeded to Platforms Nos.2 and 3 at Nellore Railway Station and apprehended two persons who had alighted from Train No. 18189, Tatanagar Express, and were preparing to board another train proceeding towards Chennai. The police seized 22.05 kgs of ganja from their possession under the cover of a mahazarnama. Both the accused were arrested on 21.08.2025. 3 Dr. YLR, J Crl.P.No.10109 of 2025 Dated 09.10.2025 3. Sri Bhooma Maharshi Reddy, the learned counsel for the petitioners contend that the petitioners are innocents of the alleged offence and they have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing 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 petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they 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 petitioners and the learned Assistant Public Prosecutor. Perused the record. 4 Dr. YLR, J Crl.P.No.10109 of 2025 Dated 09.10.2025 6. As seen from the record, the allegation against the petitioners/Accused Nos.1 and 2 is that they were carrying 22.5 kgs of ganja together. They were arrested on 21.08.2025 and they have been in judicial custody for the past 48 days. Section 29 of ‘the NDPS Act’ is squarely applicable to this case. The investigation is at a nascent stage. Therefore, the request for grant of bail to the petitioners would not arise at this stage. 7. Considering the facts and circumstances of the case and in view of the pendency of the investigation, this Court is not inclined to grant bail to the petitioners/Accused Nos.1 and 2 at this stage. 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.10109 of 2025 Dated 09.10.2025 125 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.10109 of 2025 Date:09.10.2025 RSI