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2025 DAILYLAW 9805 (AP)

Maddala Vamsi, v. The State of Andhra Pradesh

CRLP/2296/2025 · 2025-06-25

Y Lakshmana Rao

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY F[VE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2296 OF 2025 Betwee n : 1. Maddala Vams|l, S/o. Govinda, aged about 24 years, R/o. Tennuboddavara Village, S. Kota Mandal, Vizianagaram D'lstrict, A.P. 2. Soveri Subba Rao, S/o. Gundanna, aged about 23 years, R/o. Jendagavaruvu Village, Near Valasi Ananthagiri Mandal, Alluri sitharama Raju District. ...petitioners/Accused No.1, 2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent petition under section 480 & 483 of BNSS (Old Section 437 and 439 of cr.p.c.) is filed praying that in the circumstances stated in the memorandum of grounds filed 'ln support of the Grim-InaI Petition, the High court may be pleased to enlarge the Petitioners/Accused No.1, 2 on bail, pending d-lsposal of crime No.181/2024 of Pachipenta P.S., now parvathipuram Manyam D-lstr'lct. The petition coming On for hearing, upon Perusing the Petition 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, and the Court made the following ORDER: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) THURSDAY, THE TWENTY SIXT'H DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2296/2025 Between : Maddala Vamsi, and Others AND The State OfAndhra Pradesh 'Counsel for the petitioner/accused(s): ADAPA .SUDHAKAR RAO [3521] ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER-. The Criminal Petition has been filed under sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity {the cr.p.c.I)/ sections 480 and 483 of the Bharatiya NagarI-k Suraksha Sanhita, 2023 (for brevI-ty [the BNSS'), seeking to enlarge the petI-tiOnerS/Accused Nos.1 and 2 on bail in Cr.No.181 of 2024 of Pachipenta Police Station, ParvathI'P®uram Manyam District, registered against the petI-tiOnerS/Accused Nos.1 and 2 c..^ i_-. `>. -I t`` \ 2 Dr. YLR, J crl.p.No.2296 of 2025 Dated 26.06.2025 ~| herein for the offences punishable under sections 20(b)(ii)(C) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity [the NDPS Act]). 2. The case of the Prosecution iS that On 13.12.2024, the Sub-Inspector of police, pachipenta police station, on receipt of credible information regarding the illegal possession and transportation Of ganja, Secured the presence of mediators, and inspected the vehicles. The Sub-Inspector of police noticed the petitionersJ in one car coming from Araku-Salur road, and on seeing the police, they tried to sculk away. The Sub-Inspector of police apprehended the Petitioners and found in their POSSeSS®IOn 317.350 KGs of Ganja, seized under a mediatOrSI report and arrested them. 3. Sri Adapa Sudhakar Rao, the learned counsel for the Petitioners, submits that the petitioners have not cominitted any offence; they-are falsely implicated in this Case; they are SOle breadwinners Of their family', they are ready to abide any conditions to be imposed by this Court; and urged t6 enlarge the pet-ltionerS On bail. 4. Per confra, Mr.Neelotphal Ganji, the learned Assistant Public prosecutor, submits that the petitioners w'ere found in possession of 317.350 KGs of Ganja, which is a commercial quah`tity.--However, it is T~ Ft" Jfgf: ----I-=_ / t d¢` 3 Dr. YLR, J Crl.P.No.2296 of 2025 Dated 26.06.2025 submitted that there are no adverse antecedents against the petitioners, and requested to pass appropriate orders. 5. Perused the record. 6. As seen from the record, the Petitioners have been in the judicial custody for the past 190 days. The learned Assistant Public Prosecutor fairly conceded that there are no adverse antecedents against the petjtjoners] 7. KeepI-ng into consideration the number of days the petitioners have been in judicial custody, the nature of the allegations levelled against them, stage of the investigation and their alleged role in the case, this court is inclined to enlarge the petitioners on bail with certain stringent conditions. 8. This Court I'S Of the opinion that if Certain Stringent COnditiOnS are imposed on the petitioners for securing their presence before the learned Trial Court for trial, the interest of justice would be met. 9. In the result, the criminal Petition is allowed with the following conditions: i. The petitioners/A-1 & A-2 shall be enlarged on bail subject to them`ex-ecuting a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), each with two sgr<eties lL-J' •*. 4 Dr. YLR, J Crl.P.No.2296 of 2025 Dated 26.06_2025 for the like sum each to the satisfaction of the learned Judicial Magistrate Of First Class, Salur. ii. The pet-ltiOnerS/A-1 & A-2 shall appear before the station House Officer, Pach-lpenta Police Station, parvathipuram Manyam D-lstrict, on every Saturday in between 10®.00 am and 05:00 pm, till the COnCluS'lOn Of the Tr-lal. iii. The petit-lonerS/A-1 & A-2 shall not leave the limits Of the - District without Prior Permission from the learned Trial Judge. iv. The petitioners/A-1 & A-2 shall not commit Or indulge in similar offences in future. v. The petitioners/A-1 & A-2 shall cooperate With the invest'lgating officer in further invest-lgation of the case and shall be ava-llable to the investigating off'lcer as and when called by him. //TRUE COPY// / sD/-U.S'RI DEVL ASSISTA#EGISTRAR SECTION OFFICER Fort Toll. The Station House Off]cer, PachIPenta PS , now Parvath]puram Manyam District. 2. The Speclal Judge for Trial of OffenceS under NDPS Act-Gum-I Addit|lonal Sessions Judge, Vizianagaram. 3. The Superintendent, Central Jail, V'lsakhapatnam. 4. One CC to SRl. ADAPA SUDHAKAR RAO, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, H-lgh Court of Andhra Pradesh. [OUT] 6. One spare COPY I _ HIGH COURT DR.YLR,J DATED..26/06/2025 ORDER CRLP.No.2296 of 2025 ALLOWED ife=±+A.afro `p+ ` I-€.:*ipe_ _gr-£ \ \ \u\ ,\\\\