Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 7916 (AP)

BETHA UMAMAHESH v. THE STATE OF ANDHRA PRADESH

CRLP/1790/2025 · 2025-03-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010082292025 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: 1790/2025 Between: Betha Umamahesh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KOLLI USHA KIRANMAYEE Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1790 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, seeking regular bail, in Crime No.487 of 2024 of Arilova Police Station, Visakhapatnam Commissionerate. 2. A case has been registered against the petitioner herein 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 16.12.2024, at about 14.00 hours, on receipt of credible information, the Sub Inspector of Police, Arilova Police Station, along with his staff and two mediators, rushed to back side of Mudasarlova Reservoir, double road, Arilova, Visakhapatnam, and caught hold of one person while he was in possession of Ganja. Police seized 3.010 Kgs of Ganja from his possession and a case has been registered against him. 4. Heard Ms. K. Usha Kiranmayee, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the material on record. 5. Learned Counsel for the Petitioner would submit that the Petitioner has been in Judicial Custody since 16.12.2024. The Contraband alleged to have 3 been seized from the possession of the Petitioner is 3.010 Kgs of Ganja. Learned Counsel would further submit that the Petitioner is ready to furnish sureties to the satisfaction of the Court and by this time, most of the investigation may have been completed. Learned Counsel for the Petitioner finally prays to allow the Petition. 6. Learned Assistant Public Prosecutor would submit that the Petitioner is involved in five more cases for the offences punishable under Section 324 and 506 of IPC. The Contraband seized is non-commercial quantity. The investigation is pending for want of inventory and RFSL report. Learned Assistant Public Proseuctor finally submits that the Court may pass appropriate Orders. 7. Considering the submissions made, since it is non-commercial quantity of 3.010 Kgs of Ganja and the petitioner has been in judicial custody since 16.12.2024, as crucial part of the investigation is completed by this time, this Court is inclined to grant bail to the petitioner/Accused on the following conditions. i) The petitioner/Accused 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 Court of Chief Judicial Magistrate, Visakhapatnam. 4 ii) On release, the petitioner shall appear before the Station House Officer concerned, twice in a week i.e., every Sunday and Thursday between 10:00 AM to 5:00 PM, till filing of the charge sheet. 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 5 13 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P. No.1790 of 2025 Dated.27.03.2025 UPS