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2025 DAILYLAW 58972 (AP)

Radha v. The State of Andhra Pradesh

CRLP/12966/2025 · 2025-12-25

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010679072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12966/2025 Between: Radha ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/sole Accusedon bail in Crime No.101 of 2025 ofRavikamathamPolice Station,AnakapalliDistrict, registered against the Petitioner/Sole Accusedherein for the offences punishable underSection 20(b)(ii)(B)read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The allegation against the petitioner/sole accused is that he was found in possession of 4 kgs of ganja and he was spot arrested on 05.12.2025. The seized contraband is not commercial quantity. He has been in judicial custody for the past 20 days. The petitioner is permanent resident of Tamil Nadu State. He has got fixed abode. So far, six witnesses have been examined, all of them are material and official witnesses. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation may not arise. No petition seeking for custodial interrogation was filed by the police before the learned Court below concerned. Period for custodial interrogation is over. There are no adverse criminal adverse antecedents against the petitioner. If certain conditions are imposed, there is no likelihood of his absconding or evading the process of law. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/sole Accused, this Court is inclined to enlarge the Petitioner/sole Accusedon bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The petitioner/sole Accusedshall be enlarged on bail subject to heexecuting bond for a sum of Rs.10,000/- (Rupees 3 ten thousand only), with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Godavaram. ii. The petitioner/sole Accusedshall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/sole Accusedshall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/sole Accusedshall not commit or indulge in commission of any offence in future. v. The petitioner/sole Accusedshall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/sole Accusedshall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. The petitioner/sole Accusedshall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 26.12.2025 S D P 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12966OF 2025 26.11.2025 S D P