APHC010556212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10801/2025 Between: 1. CHEMUDUGUNTA RAVI KIRAN, S/O. BABU, AGED 24 YEARS, R/O. KANUPARTHIPADU VILLAGE, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, The High Court of Andhra Pradesh at Amaravati, Through the Station House Officer (SHO), Dargamitta Police Station, SPSR Nellore District. ...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 enlarge the Petitioner/Accused No. 2 on bail in connection with Crime No. 164 of 2025 on the file of the Dargamitta Police Station, SPSR Nellore District in the interest of justice and pass Counsel for the Petitioner/accused: 1. MODUKURU CHANDRA SHEKAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10801/2025 ORDER: The Criminal Petition has been filed under Sections 480 & 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to enlarge the petitioner/Accused No.2 on bail in Cr.No.164 of 2025 of Dargamitta Police Station, SPSR Nellore District, registered against the petitioner/Accused No.2 and other for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(B) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Case of the prosecution is that on 05.09.2025, on receiving credible information about illegal transportation of Ganja, Inspector of Police, Dargamitta Police Station, along with his staff found Accused Nos.1 & 2 in possession of 3 KGs of Ganja near cancer Hospital, Podalakur Road, Nellore City. The contraband was seized from the possession of accused under the cover of mediators report and a case has been registered against them. The accused were arrested on the spot. 3. Sri M.Chandra Sekhar, learned counsel for the petitioner, contends that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; his continues incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly 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.2 is that he was in possession of 1.5 KGs of Ganja which is not a commercial quantity. Learned Assistant Public Prosecutor submits that there are 8 IPC offences including offence of murder are registered against the petitioner. Petitioner/Accused No.2 is a rowdy sheeter. Petitioner/accused No.2 was arrested on 05.09.2025 and he has been in judicial custody for the past 50 days. So far, only two witnesses are examined and the FSL report is also awaited. Investigation is at nascent stage. 7. Taking into consideration quantity of contraband involved in the crime and number of similar offences pending against the petitioner herein, the request of the petitioner to enlarge him on bail is neither convincing nor reasonable. 8. In the result, the Criminal Petition is dismissed. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24th October, 2025 RKS