KINCHA BHAGAVAN PADAL v. THE STATE OF ANDHRA PRADESH
CRLP/1957/2025 · 2025-03-17
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8552 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8552 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010092192025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1957/2025 Between: Kincha Bhagavan Padal and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):
1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
The Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioners/A1 to A3 to grant regular bail in connection with Crime No.218/2024 of V.Madugula Police Station, Anakapalle District.
2. A case has been registered against the petitioners herein and another for the offences punishable u/Sec.20(b)(ii)(C), 25 r/w 8(c) of NDPS Act.
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3. The case of the prosecution in nut shell is as follows:
On 29.10.2024 at about 7.00 am, on receipt of credible information about illegal possession and transportation of ganja, the Sub-Inspector of Police, V.Madugula Police Station, along with staff and mediators rushed to hillock area, near the outskirts of Garikibanda village, Thatiparty Panchayat and conducted vehicle checking. They noticed one lorry, one bolero van and one bajaj pulsar motorcycle standing and saw three persons shifting gunny bags from bolero van into lorry. ON seeing the police, said three persons tried to escape. Then police apprehended them and on enquiry, they disclosed their identity particulars as that of A1 to A3 and police found 408 kgs of ganja and 2 kgs of liquid ganja in their possession. They were arrested, seized the contraband and vehicles and produced them before the Court for judicial remand.
4. Heard Sri G.Maheswara Rao,
learned counsel for the petitioners/A1 to A3 and Sri Neelothpal Ganji, learned Assistant Public Prosecutor for the respondent.
5.
Learned counsel for the petitioners would submit that the petitioners have been in judicial custody from 29.10.2024 and more than four months elapsed and prays to allow the criminal petition.
6. Contra to the same, learned Assistant Public Prosecutor vehemently opposed the petition stating that inventory is pending in this
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matter and the seized contraband is huge quantity and prays to dismiss the criminal petition.
7. Considering the submissions made and on perusal of the material on record shows that, as learned Assistant Public Prosecutor has rightly pointed out that the seized contraband is commercial quantity and as the investigation is pending, this Court is not inclined to grant bail to the petitioners at this stage, as the investigation is going on.
8. In the result, the criminal petition is dismissed.
Consequently, miscellaneous applications pending, if any, shall stand closed.
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DR. VENKATA JYOTHIRMAI PRATAPA,J 17.3.2025 RD
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THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No.1957 of 2025 DATE: 17.3.2025 RD