APHC010524142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10309/2025 Between: NIDIGUNTA ARUNA, D/O NARASIMHULU,HINDU, AGED ABOUT 31 YEARS,R/O OLD HARIJANAWADA, POLERAMMA STREET,PEDDAPADUGUPADU VILLAGE, SAI ENCLAVE APARTMENT,KRR NAGAR, PADUGUPADU, KOVUR MANDAL,SRI POTTI SRIRAMULU NELLORE DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by Public Prosecutor, High court of APthrough the Station House Officer,Vedayapalem Police Station, Nellore City,Sri Potti Sriramulu Nellore District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: AMANCHARLA SATISH BABU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10309 of 2025 Dated 27.10.2025 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.4 for granting of bail in connection with Crime No.351 of 2025 of Vedayapalem Police Station, SPSR Nellore District, registered for the alleged offences punishable under Sections 8 (c) read with 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 24.08.2025, at about 12:30 hours, on receipt of credible information regarding illegal possession and transportation of ganja, the Inspector of Police, Vedayapalem Police Station, along with his staff and mediators, proceeded to SOC Nellore- Podalakur Main Road, in front of Nagaravanam Park, approximately 4 km southwest of Vedayapalem Police Station. There, they intercepted the illegal possession of ganja, intended for clandestine sale to the public for wrongful gains in violation of the Government policy, consisting of 11 packets weighing about 19.470 kgs. The police seized the ganja along with a TATA Ace Carrier vehicle bearing registration No. AP 26 TE 3 Dr. YLR, J Crl.P.No.10309 of 2025 Dated 27.10.2025 4034 under the cover of Mahazarnama, and arrested Accused Nos.1 to 3. Accused Nos.4 and 5 are yet to be arrested. Hence, the FIR. 3. Sri Amancharla Satish Babu, learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and she has been falsely implicated in the alleged offence, without any cogent evidence linking her to the commission of the crime. It is contended that the Petitioner is the sole breadwinner of her family and her arrest would cause undue hardship and prejudice to her dependents. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner. 4. It is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of her absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention, and if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the Petition. 5. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed to grant bail to the petitioner, submitting that the investigation is still underway and several material witnesses 4 Dr. YLR, J Crl.P.No.10309 of 2025 Dated 27.10.2025 remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that she 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. 6. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 7. As seen from the record, the allegation against the petitioner/Accused No.4 is that she allegedly indulged in dealing with 19.470 kgs of ganja, which is not a commercial quantity. However, the petitioner is alleged to have funded and organized the procurement of the seized contraband. The role of the petitioner has come to light based on the confessions of Accused Nos.1 to 3, who were spot arrested. The learned Assistant Public Prosecutor submits that three adverse antecedents have been reported against the petitioner for offences punishable under the provisions of ‘the IPC’. 8. On 24.08.2025, a case in Cr.No.351 of 2025 was registered. The petitioner was arrested on execution of P.T. Warrant on 20.08.2025. She has been in judicial custody for the past 67 days. So far, four witnesses have only been examined. Some more material witnesses are yet to be 5 Dr. YLR, J Crl.P.No.10309 of 2025 Dated 27.10.2025 examined. The investigation is at nascent stage insofar as alleged role played by the petitioner concerned. Therefore, the request for enlarging the petitioner/Accused No.4 on bail at this juncture is not found convincing and reasonable. 9. This Court in Crl.P.No.10319 of 2025, vide order dated 16.10.2025, enlarged Accused No.1 on bail. This Court in Crl.P.No.10796 of 2025, vide order dated 27.10.2025, enlarged Accused No.2 on bail. This Court in Crl.P.No.10795 of 2025, vide order dated 27.10.2025, enlarged Accused No.3 on bail. The alleged roles played by Accused Nos.1 to 3 and the alleged role played by Accused No.4 are altogether different. As mentioned supra, the petitioner was the kingpin in the alleged offence. It was the allegation of the prosecution that the petitioner had financed and organized for the procurement of the seized contraband. So, the principle of parity cannot be drawn and applied to the case of the petitioner. In so far as the alleged role played by the petitioner in this case is concerned, even though four witnesses have been examined, some more witnesses are required to be examined to collect further material with regard to the complicity of the petitioner. 6 Dr. YLR, J Crl.P.No.10309 of 2025 Dated 27.10.2025 10. Considering the facts and circumstances of the case, there are no merits to grant bail to the petitioner/Accused No.4. Hence, this Criminal Petition is liable to be dismissed. 11. 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: 27.10.2025 RSI 7 Dr. YLR, J Crl.P.No.10309 of 2025 Dated 27.10.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.10309 of 2025 Date: 27.10.2025 RSI