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2025 DAILYLAW 59154 (AP)

Lavudiya Sambayya v. The State of Andhra Pradesh

CRLP/13141/2025 · 2025-12-28

Y Lakshmana Rao

body2025

Judgment text

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1 APHC010690292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13141/2025 Between: Lavudiya Sambayya ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.7 on bail in Crime No.183 of 2025 of Gudlavalloru Police Station, Krishna District, registered against the Petitioner/Accused No.7 herein for the offence punishable under Section 8(c) read with Section 20(b)(ii)(B) 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. As seen from the record, the allegation against the petitioner is that he along with other accused were found in possession and transportation of 3.1 kgs of ganja. It is not a commercial quantity. The Petitioner/Accused No.7 is an impressionable age of 22 years. He is a permanent resident of Nidumolu Village, Mandal, Krishna District. He has got fixed abode. He does not have previous adverse antecedents. The petitioner was arrested on 02.12.2025. He has been in the judicial custody for the past 27 days. So far, seven witnesses are examined. They are all material and official witnesses. Substantial portion of the investigation is completed. No application was filed seeking for custodial interrogation of the petitioner. If the petitioner is enlarged on bail, no prejudice would be caused to the prosecution. 4. Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the Petitioner/Accused No.7, this Court is inclined to enlarge the Petitioner/Accused No.7 on bail with the following stringent conditions: i. The Petitioner/Accused No.7 shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Gudivada. ii. The Petitioner/Accused No.7 shall appear before the Station House Officer, Gudlavalloru Police Station, Krishna District, 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/Accused No.7 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. 3 iv. The Petitioner/Accused No.7 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.7 shall 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/Accused No.7 shall 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/Accused No.7 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 5. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.12.2025 KMS 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13141 OF 2025 29.12.2025 KMS