APHC010106112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1611/2026 Between: 1. BUTARI SATYA PRASAD, S/O.LATE SATYA BABU , AGED 30 YEARS,R/O DIGASAMPADU VILLAGE, INJARI PANCHAYATPEDABAYALU MANDAL, ASR DISTRICT, ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep.By its Public Prosecutor,High Court of A.P., Amaravati,Through Station House Officer,G.Madugula Police Station. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the Petitioner/A.6 on Regular Bail in connection with Crime No.32/2025 on the file of G.Madugula Police Station Alluri Sitarama Raju District, dated;29.08.2025 and pass Counsel for the Petitioner/accused: 1. GOMPA APPALARAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1611/2026 ORDER: This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) by the petitioner/Accused No.6 seeking grant of regular bail in Crime No.32 of 2025 on the file of G. Madugula Police Station, Alluri Sitarama Raju District, registered on 29.08.2025 for the offences punishable under Sections 20(b)(ii)(C) and 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”). 2. The case of the prosecution, in brief, is that on 29.08.2025 the Sub- Inspector of Police, G. Madugula Police Station, received credible information regarding illegal transportation and possession of ganja. Acting upon the said information, the police secured the presence of mediators and proceeded to the outskirts of Anarbha Village, within the limits of G. Madugula Police Station. During the course of the operation, the petitioner herein, who is arrayed as Accused No.6, along with other accused persons, was allegedly found in possession of ganja. On search, the police allegedly recovered about 350 kilograms of ganja, which is a commercial quantity under the provisions of the NDPS Act. The said contraband was seized under the cover of a mediators’ report and thereafter the above crime was registered against the accused persons. 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence as alleged by the prosecution. It is further submitted that the petitioner has been falsely implicated in the present case and that there is no direct material to show his involvement in the alleged offence. It is also contended that the petitioner is in judicial custody and continued detention would cause undue hardship to him. 5. On the other hand, the learned Assistant Public Prosecutor opposed the petition and submitted that the investigation in the present case is still pending. It is further submitted that the contraband seized in the case is 350 kilograms of ganja, which constitutes a huge commercial quantity under the NDPS Act, and therefore, the petitioner is not entitled to be enlarged on bail at this stage. 6. This Court has carefully considered the submissions made on either side and perused the material available on record. 7. At this stage, the learned counsel for the petitioner seeks permission of this Court to dispose the present Criminal Petition with liberty to file a fresh petition before the learned trial Court having jurisdiction over the matter. 8. Considering the submission made by the learned counsel for the petitioner and without expressing any opinion on the merits of the case, this Criminal Petition is disposed of granting liberty to the petitioner to file a fresh petition before the concerned trial Court. If such a petition is filed, the learned Special Court shall examine the case of the petitioner, with regard to his entitlement for statutory bail, in accordance with law and pass appropriate orders on the same as expeditiously as possible, without being influenced by any observations made in this order. Accordingly, the Criminal Petition is disposed of. There shall be no costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:27.02.2026 KKV 321 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1611/2026 Dated 27.02.2026 KKV