Extracted from the PDF above. The PDF is authoritative.
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APHC010066602025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1432/2025 Between: Neelapu Mahesh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. SANTHOSH KUMAR GANJA Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1432 of 2025
ORDER:
This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused No.6, seeking regular bail, in Crime No.240 of 2024 of Rajahmundry I Town, East Godavari District.
2. A case has been registered against the petitioner herein and others for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
3. Case of the prosecution, in brief, is that, on 10.10.2024, at about 4.00 PM, on receipt of credible information, the Sub Inspector of Police, Rajahmundry I Town Police Station, along with his staff and mediators apprehended the Accused Nos. 1 to 3 at Godavari Bund, Rajamahendravaram, while they were in possession of 21.660 Kgs of Ganja in two plastic bags. After conducting panchanama and after seizing the contraband, the Sub Inspector of Police arrested accused Nos. 1 to 3 and remanded them to judicial custody. A-4 to A-6 are absconding from the view of the Police and a case has been registered against them.
4. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor representing the respondent/State. Perused the material on record.
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5.
Learned Counsel for the Petitioner would submit that basing on the confession statement of A1, the petitioner was arrested assuming that he is a supplier. No contraband has been seized from the possession of the petitioner. Learned Counsel would further submit that A-2 was granted regular bail by virtue of the orders of this Court in Crl.P.No. 8449 of 2024 dated
02.01.2025. The petitioner has been in judicial custody since 10.10.2024.
Learned Counsel finally prays to grant the regular bail to the Petitioner and he is ready to furnish sureties to the satisfaction of the Court.
6. Learned Assistant Public Prosecutor would submit that one more case is pending against the petitioner for the offence under Section 379 of IPC. Investigation is completed and for want of inventory report, charge sheet is not filed. The Petitioner has been in judicial Custody since 10.10.2024. Learned Assistant Public Prosecutor finally submit that the Court may pass appropriate orders.
7. In the light of the submissions made and a fair look at the material placed on record, contraband was not seized from the possessions of the petitioner. The case which is already pending against the petitioner is not relating to NDPS Act. The crucial part of the investigation is completed except for want of inventory report, charge sheet is not filed. The contraband involved in the present case is 21.660 Kgs of Ganja. It is also represented that A-2 was granted bail from whose possession the contraband was seized by the Police. Considering the circumstances referred supra, this Court is inclined to grant regular bail to the petitioner/accused No.6 on the following conditions.
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i) The petitioner/Accused No.6 shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of the like sum each to the satisfaction of the II Additional Judicial First Class Magistrate, Rajamahendravaram.
ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e., every Sunday between 10:00 AM to 5:00 PM, till the disposal of the case.
8. Accordingly, the Criminal Petition is allowed.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.
____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J
Date:27.03.2025 Note: CC today, B/o. UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P. No.1432 of 2025
Dated.27.03.2025
UPS