IN THE HIGH COURT OF ANDHRA THURSDAY THE TWENTY SEVENTH r TWO THOUSAND AND TWENTY present PRADESH AT AMARAVATI day of MARCH FIVE the honourable dr justice C^RIMINAL PETITIOM Mn- VENKATA JYOTHIRMAI PRATAPA 1581 OF 209*; Between; Shri Chitikela Sanyasi Naidu, D.No.4-167, : Vishakapatnam District. S/o. Chitikela B Colony, Nathavaram Satyanarayana, Aged 26 Vishakapatnam-531115, years ...Pefitioner/Accused No.5 AND Union of India Superintendent of Customs, , Industrial Estate, Autonagar, Vijayawada-520007 Represented by its Standing Counsei Amaravati, Nelapadu, Guntur District. Customs Commissionerate Having Office at D.No. (Preventive), The 55-17-3, C-14, 2nd , N.T.R District. High Court of Andhra Pradesh At ...Complainant Petition under Section 480 & 483 of BNSS in the Memorandum of Grounds may be pleased to praying that in the of Criminal Petition, to the circumstances stated i the High Court Petitioner/Accused grant regular bail no.5 in N.S.C.No.6/2024 on the fiie of Metropolitan 1^35 in the .nterest ofRustic; Zd Sessions Judge, Vijayawada u/s 8(c) r/w20, 28 f*S0 This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kilaru Nithin Krishna, Advocate for the Petitioner and of Sri Shanti Chandra Standing Counsel for CBIC (AP) on behalf of the Respondent. 1 The Court made the following: 1 APHC010073042025 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: 1581/2025 Between: ...PETITIONER/ACCUSED Shri Chitikela Sanyasi Naidu AND Union Of India ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KILARU NITHIN KRISHNA Counsel for the Respondent/complainant: 1 .SANTHI CHANDRA (Sr. Standing Counsel for CBIC) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1581 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.5, seeking regular bail, in N.S.C.No. 6 of 2024 on the file of Metropolitan Sessions Judge, Vijayawada, Krishna District for the offence punishable under Sections 8(c) read with 20, 28, 29 of the NDPS, Act. The Case of the prosecution, in brief, on 25.06.2023, the Inspector of Customs, Preventive Section, Vijayawada seized 405.229 Kgs of Ganja from the possession of accused persons while they were proceeding in two different vehicles i.e., one Tata Intra V30 bearing Registration No. TS 08 UH 6790 and another Maruti Suzuki Swift Dzire bearing Registration No. MH 03 2. BC 1345. Heard the learned Counsel for the petitioner and learned Standing Counsel for Customs representing on behalf of the State. Perused the record. 3. Learned Counsel for the petitioner would submit that the petitioner has been in judicial custody since 26.06.2023. Learned Counsel would further submit that by this time, the charge sheet is also filed and case is also numbered as S.C.No. 6 of 2024 on the file of Metropolitan Sessions Judge, Vijayawada, Krishna District. Learned Counsel would further submit that the petitioner is ready to furnish the sureties to the satisfaction of the Court. Learned Counsel finally prays to consider the case of the petitioner. 4. 3 5. Learned Standing Counsel for Customs would submit that it is a huge quantity of 405.229 Kgs of Ganja which is seized from the possession of the petitioner. The matter is coming up for framing of charges. It will be very difficult for the prosecution to secure the presence of the petitioner if he released on bail at this stage. Learned Standing Counsel finally submits that in the light of Section 37 of NDPS Act, he is not entitled for regular bail. IS Considering the submissions made and a fair look at the material placed on record, the contraband which is seized from the possession of the petitioner in the present case is 405.229 Kgs which is a huge commercial quantity. As rightly put by the learned Standing counsel, since the case is in progress for framing of the charges, this is not a time to consider the regular bail of the petitioner. That apart. Section 37 of NDPS Act is also coming in the way of the petitioner for his release on regular bail. In the light of the the petition deserves dismissal. 6. same. In the result, the Criminal Petition is dismissed. However, learned Judge, is requested to proceed with the matter and dispose of the expeditiously as possible preferably within a period of three (3) months the individual has been in judicial custody for the last one year and nine months. Learned Judge is further requested to report the progress of the to the Registry by 01.05.2025. 7. case as since case 8. It is also represented that another bail application is also pending in CrI.P.No. 6823 of 2025 seeking regular bail which is not listed in Annexure-lll 4 Registry is directed to place a note before the Hon’ble the Chief Justice for obtaining necessary orders. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR \ //TRUE COPY// SE OFFICER To. 1. The Metropolitan Sessions Judge, Vijayawada, Krishna District. The Special Judge for trial of NDPS Act Cases-cum- II Additional District and Sessions Judge, Vijayawada. The Superintendent Central Jail Rajahmundry, East Godavari District. One CC to Sri. Kilaru Nithin Krishna, Advocate [OPUC] One CC to Sri. Santhi Chandra (Sr. Standing Counsel for CBIC) [OPUC] The Section Officer, Criminal Section, High Court of Andhra Pradesh. Three CD Copies. 2. 3. 4. 5. 6. 7. MKP sree HIGH COURT DATED :27/03/2025 ORDER CRLP.No.1581 of 2025 S’ 07 APR 2025 a ^ . Current Section DISMISSING THE CRLP