APHC010264022026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between: 1. SHAIK ABDUL RAHIMAN, S/O. ABDUL KHADIR,AGED ABOUT 23 YEARS, R/O.H.NO.44/71B,ROJA STREET, PRAKASH NAGAR, KURNOOL TOWN. 1. THE STATE OF ANDHRA PRADESH, Kurnool Taluk Police StationRep. by the Public ProsecutorHigh Court of Andhra PradeshAmaravati, Guntur District. 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 on regular bail in connection with Crime No. 88 of 2026 of Kurnool Taluk Police Station and pass Counsel for the Petitioner/accused: 1. P M MITHILESHWARA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4153/2026 SHAIK ABDUL RAHIMAN, S/O. ABDUL KHADIR,AGED ABOUT 23 YEARS, R/O.H.NO.44/71B,ROJA STREET, PRAKASH NAGAR, ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Kurnool Taluk Police StationRep. ProsecutorHigh Court of Andhra PradeshAmaravati, ...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 e High Courtpleased to enlarge the petitioner on regular bail in connection with Crime No. 88 of 2026 of Kurnool Taluk Police Station Counsel for the Petitioner/accused: P M MITHILESHWARA REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA SHAIK ABDUL RAHIMAN, S/O. ABDUL KHADIR,AGED ABOUT 23 YEARS, R/O.H.NO.44/71B,ROJA STREET, PRAKASH NAGAR, ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Kurnool Taluk Police StationRep. ProsecutorHigh Court of Andhra PradeshAmaravati, ...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 e High Courtpleased to enlarge the petitioner on regular bail in connection with Crime No. 88 of 2026 of Kurnool Taluk Police Station THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4153/2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner /A4, seeking regular bail, in Crime No. 88 of 2026 of Kurnool Taluk Police Station, registered for the offences punishable under Sections 20(b)(ii)(A)(B) of the NDPS, Act. 2. The case of prosecution in brief is that petitioner/a.4 herein along with other accused were purchasing ganja from Accused No.1 on 16.04.2026 at about 12.00 hours under a tamarind tree situated behind Sri Kashi Viswanatha Swamy temple at the outskirts of Venkannabavi village, within the limits of Dinnedevarapadu Gram Panchyat, Kurnool, all of them were caught red handed by the police and seized 2.75 kgs of ganja in total from them. Thereupon, the police registered the said crime against the A.1 to A.4 for the said above offence. 3. Heard Sri P.M.Mithileshwara Reddy learned counsel for the petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the material on record. 4. Learned counsel for the petitioner would submit that thepetitioenr is innocent and he was falsely implicatsed in this case by the police for the statitstical purpose. He further submkitted that the alleged seizure of ganja is less than commercial quantity. He further submit that entire investgivation is completed except filing of charge sheet,. The petitioner here is entailed for bail. He further submit that the petitioner is the sole bread winner of his family. Hence, he prays to grant bail to the petitionr, for which, the petitioner is ready to produce sufficient sureties to the satisfaction of the Court. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that the contraband involved in the present case is a non commercial quantity of 2.75 kilograms of Ganja and that the petitioner has been in judicial custody since 16.04.2026. She would further submit that the investigation is not completed in this matter and charge sheet is also not filed. Learned Assistant Public Prosecutor therefore prayed for dismissal of the petition. 6. Considering the submissions made and a fair look at the material placed on record before the Court, the quantity of contraband involved in present crime is 2.4 Kgs of Ganja, which is a non-commercial quantity. Learned Assistant Public Prosecutor submits that the case is still under investigation and some more witnesses are to be examined and the statutory period is not over. 5. In view of the aforesaid facts and circumstances of the case, petitioner does not deserve for grant of bail at this stage. Accordingly, the Criminal Petition is dismissed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.05.2026 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4153/2026 Dt.07.05.2026 KKV