APHC010103852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2177/2025 Between: Joshind Jorge Christian and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. PUVVALA SRINIVASA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The criminal petition has been filed under Sections 480 and 483 of "Bharatiya Nagarik Suraksha Sanhita, 2023" (for brevity ‘the BNSS’), seeking to enlarge the petitioner Nos.1 & 2 on bail in Cr. No.14 of 2025 on the file of Dwaraka Police Station, Visakhapatnam. 2 2. The learned counsel for the petitioners submits that the petitioners have not committed any offence. The petitioners are the sole bread bread-winners of their families; the petitioners will abide by any conditions imposed by this Court; mandatory provisions under Section 52-A of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for brevity ‘NDPS Act’) committed and urged to enlarge the petitioners on bail. 3. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, argued that the investigation is still in progress; the police are yet to nab A3, who is the king pin in this case; there are adverse antecedents against petitioner No.1/A1 as he had involved in a similar offence which was registered in Cr. No.329 of 2024, VPTM Police Station, Kerala, under Section 20(b)(ii)(A) of ‘the NDPS Act’. The petitioners are natives of Kerala State; their presence would be difficult for securing when the trial is in progress and urged to dismiss the bail application. 4. Thoughtful consideration is bestowed on the arguments advanced by the learned counsel for the petitioners and the learned Assistant Public Prosecutor. 5. I have perused the record. 3 6. It is the case of prosecution that the petitioners were found in transportation and possession of 2.5 Kgs of ganja in 2 packets in a travel bag on 30.01.2025, at about 19:00 hrs at footpath in front of the Regional Eye Hospital, Rama Talkies, Visakhapatnam. 7. As seen from the progress of investigation, it is still in continuation. A3, who being the prime accused in the case, is yet to be apprehended by the police. Petitioner No.1 is involved in a similar offence vide Cr. No.329 of 2024 of VPTM Police Station, Kerala for the provisions under ‘the NDPS Act’. However, there are no such similar adverse antecedents against petitioner No.2, who is A2 in this case. Petitioner No.2 age is 23 years, he has been in the judicial custody for the past 65 days. 8. Taking the above facts into consideration, I am inclined to grant bail to petitioner No.2, but, declined to enlarge petitioner No.1 on bail. Therefore, the request of petitioner No.1 is rejected and the petition is dismissed against him. 9. In the result, the criminal petition is partly allowed with the following conditions: i. The petitioner No.2 shall be enlarged on bail subject to he execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned I Additional District and Sessions 4 Judge-cum-Special Judge for the Trial of Offences under ‘the NDPS Act’, Visakhapatnam. ii. The petitioner No.2/A2 shall not directly or indirectly influence or threaten the witnesses. iii. The petitioner No.2 shall not interfere with the investigation. iv. The petitioner No.2 shall appear before the Station House Officer, Dwaraka Police Station, Visakhapatnam on every Saturday between 10:00 am and 05:00 pm, till the cognizance is taken by the learned Special Judge. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 08.04.2025 SCH 5 25 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2177/2025 08.04.2025 SCH