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2025 DAILYLAW 5827 (AP)

PANGI VAMSI v. THE STATE OF ANDHRA PRADESH

CRLP/1091/2025 · 2025-02-11

K Sreenivasa Reddy

body2025

Judgment text

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APHC010052122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 1091/2025 Between: Pangi Vamsi and Others ...PETITIONER/ACCUSED(S) A N D The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. Isukapatla Ajay Krishna Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 O R D E R:- This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘BNSS’) has been filed by the petitioners/accused Nos.4 and 5, seeking regular bail, in Crime No.94 of 2024 of Koyyuru Police Station, Alluri Sitharamaraju District. 2. A case has been registered against the petitioners/ accused Nos.4 and 5 and other accused for the offences punishable under Section 111 (2) (b) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’) and Sections 20 (b) (ii) (C), 25 read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 3. Case of the prosecution, in brief, is that, on 30.09.2024 at about 10.00 a.m. while the Sub-Inspector of Police, Koyyuru PS along with his staff was conducting vehicle checking at the outskirts of Cheedipalem village of Koyyuru Mandal, they found one pulsar motorcycle and two cars coming from Budaralla village side and on seeing the police personnel, they tried to reverse their vehicles, but the police caught the drivers of two cars, who are petitioners herein/accused Nos.4 and 5, however the other accused escaped from the scene; that on inquiry, they confessed 3 about possession of 851 kgs of ganja packed in 279 packets; that the police arrested the petitioners herein/ accused Nos.4 and 5 and seized the 851 kgs of ganja from their possession under the cover of a Mediators Report, basing on which a case in Crime No.94 of 2024 of Koyyuru Police Station was registered for the aforesaid offences, got remanded them to judicial custody and investigated into the crime. 4. Learned counsel for the petitioners/accused Nos.4 and 5 submitted that the petitioners are no way connected with the alleged offence and they were falsely implicated in the present crime. Learned counsel further submits that most of the investigation is completed except filing of the charge sheet. 5. On the contrary, learned Assistant Public Prosecutor for State submitted that the petitioners are the persons who drove the cars, in which the ganja was seized by the Investigating Officer and they voluntarily confessed about transportation of seized ganja and that the investigation is not yet completed. 6. Heard. Perused the record. 7. A perusal of entire material on record prima facie goes to show that petitioners/accused Nos.4 and 5 along with other accused were allegedly transporting Ganja weighing 851 kgs, 4 which is a commercial quantity. Since the investigation is pending and since the contraband that was seized in the present crime is 851 kgs, this Court is inclined not to grant bail to the petitioners/ accused Nos.4 and 5 at this stage. 8. Accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. ______________________ _ JUSTICE K. SREENIVASA REDDY 11th February, 2025. DNB