` lN THE HIGH COURT OF ANDHRA PRADESH AT AMA FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE .I PRESENT.I ~> CRE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO.I 1859 OF 2025 \ Between: 1. Suresh Chandra Goudo, s/o. Hart Goudo, aged about 38 years, R/o. Nausahi, Dhobapalli Village, chingudihaI- Post, purushottapur Block, Ganjam DI-Strict, Odjsha state. 2. Rakesh Padhiali, s/o. Bijay padhiaII', aged about 25 years, R/o. chingudihai village & post, purushottapur Block, Ganjam DistrI'Ct, Odisha State. . . .Petitioners/Accused No.1, 2 AND The State OfAndhra pradesh, Rep by its publl-c prosecutor, High Court of Andhra Pradesh. ...Respondent ` petitl-on under sectiop£437 & 439 of Cr.P.C/480 & 483 of BNSS, is filed prayl-ng that I'n the circumstances stated I-n the memorandum of grounds filed in support of the criminaIPetitI'On, the High Court may be pleased to enlarge the petitioners/Accused No.1, 2 on ba" pendI'ng dl'sposal of Crime No. ll/2025, dt 24/01/2025 of Kavjti p.s., srI-kakulam District. ` The petition comI'ng on for heart-ng, upon perusI-ng the PetitI-On and the memorandum of grounds filed in support thereof and upon hearing the arguments of sri. ADAPA SUDHAKAR RAO Advocate for the petitioners and of PUBLIC PROSECUTOR for the Respondent ~ TIle Court made the following.- [3369] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO gBHne±EI±I!Q±!±!Q±JPL5_9L±2Q2± g:#sehe:--handra GoudO and Others ..|PET[T]ONER/ACCUSED(S) AND The State Of Andhra PradeSh ...RESPONDENT/COMPLAINANT counsel for the petitioner/accused(S): 1.ADAPA SUDHAKAR RAO counsel for the Respondent/COmPlainant-. 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition u/See.480 and 483 of B.N.S.S. has been filed by the pet-ltioners/Al and A2 seeking regular bail in Cr.Nolll/2025 of Kaviti Police Station, Srikakulam District. 2. The above Said Crime Was registered against the Petitioners for the offence punishable u/see.20(bXi'l)(B) I/w 8(c) of the Narcotic Drugs and psychotropic substances Act, 1985 (for short lthe NDPS Act'). 3. The caseOfthe Prosecution iSaSfOllOWS: on 24.01.2025 at 4.00 pm, On receipt Of Credible information about illegal possession and transportation of ganja, the s.I of police, along w|lth .-----== -` (--`` I \`~ I \ his staff and mediators r-Llshed to fly over brI|dge of NH-16 road, KojjI'ria vI'IIage J'unCtI-On Of KavI-ti Mandal and found some persons I.n Suspicious cI'rCumStanCeS. On seeing police saI'd Persons tried to ran away. Then police apprehended them and on enquI.ry, they dl-sclosed their identity partl'culars as that of Al and A2 and police found 16.230 kgs of ganJ'a in their possession. Then pot,'ce arrested the accused, seized the contraband and sent the accused to court forjudicI'al remand. 4. Learned counsel for the petitI-Oners contended that even according to the case of the prosecution, the petI[tiOners were arrested when they were found Ion POSSeSSiOn Of 16.230 kgs of ganJ-a and the petitioners are languishing in jail from 24.01.2025 and prays to allow the criminal petitl'on, 5. On the other hand, learned Assistant public Prosecutor confI'rmS non-fI'Iing of charge sheet by the poll'ce and opposed for grant of ba" to the petitioners. But fairly conceded that the contraband se]'zed Its below commercial quantity. He further submI'tted that the petI'tiOnerS have nO Previous antecedents. 6. Heard both sl'des. 7. Perused the entire materialon record. 8. Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of accused is only 16.230 kgs which is notofcommercialquantity. The petitioners are in judI|Cial custody from 24.01.2025 and they had permanent abode. As the contraband seized is not of commercial quantity, no reasons need to be `c=-a I-`3 7? EEEZ2-1 Hi=s1 Tol recorded as contemplatedl,under section 37 of the NDPS Act. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation. As most of the investigation might have been completed and the petitioners had Permanent abode and there is no possibility of their fleeing away from justice, as such, this Court is inclined to grant bail to the petitioners. ll. ln the result, the criminal petition is allowed with the following conditions: l'. The petitioners/Al and A2 herein shall be released on bail on their executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two (o2) sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Itchapuram, Srikakulam District; ii) After release, the petitioners shall attend before the station House Officer concerned once in a fortnight i.e. on every 2nd and 4th Sunday between 10.00am to 01.00pm for a period of three (03) months; and iii) that the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses. SD/-B.CHITTI JOSEPhl ASSISTANasGISTRAR /ITRUE COPY// SECT,ION OFFICER 1. The Judicial Magistrate of First Class at ltchapuram, Srikakulam District. 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam Distrl'ct. 3. The Station House Officer, Kavitj Police Station, Srikakulam District. _+utt" 4. One CC to Sri. ADAPA SUDHAKAR RAO, Advocate [OPUC] JT, 5. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy JSS HIGH COURT TMR, J DATED: 21 /03/2025 BAIL ORDER CRLP.No.1859 of 2025 ALLOWED \ ((. \\