APHC010600692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11600 OF 2025 Between: 1. AVILEVI MUNIKRISHNA ALIAS KRISHNA ALIAS BANGAKU KRISHNA, SON OF AVILEVI MUNI RATNAM, AGEDNEATOWN, ABOUT 48 YEARS, CHIMPIRINAIDUPETA, UMAMAHESWARI TEMPLE, GUDURTIRUPATI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI, THROUGH STATION HOUSE OFFICER, GUDUR II TOWN POLICE STATION, TIRUPATI DISTRICT. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SUDHEER KUMAR ATTALURI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11600 OF 2025 ORDER:- The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Sole Accused on bail in Crime No. 87 of 2025 of Gudur II Town Police Station, Tirupati District, registered against the Petitioner/Sole Accused herein for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard Mr. Sudheer Kumar Attaluri, the learned Counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. The case of the prosecution in brief is that on 02.09.2025 at 14.30 hrs the Accused purchased 22 Kgs of ganja at Visakhapatnam and brought the same to Gudur. On receipt of credible information, the Police seized the 22.270 Kgs of cannabis (ganja) from the possession of Petitioner under cover of mahazarnama and apprehended the Accused and registered the above crime. 4. Learned counsel for the Petitioner would submit that the Petitioner was arrested on 02.09.2025, since then he has been in judicial custody. The Petitioner is a permanent resident of Chimpirinaidupeta, near Umamaheswari Temple, Gudur Town, Tirupati District. Learned counsel would further submit that the police seized ganja leaves from the Petitioner weighing 22 Kgs and the same is evident from the mediator’s report. This Court in “Kolli Subba Rao v. State of Andhra Pradesh” held that the leaves when not accompanied by the tops do not fall within ambit of definition of ganja under NDPS Act. If he enlarged on bail with certain stringent conditions, he may not interfere with further progress of investigation or hampering the investigation. Material portion of investigation with regard to alleged role played by the Petitioner is completed. Inventory is completed and contraband seized in the presence of mediators including leaves, which are not falling under definition of NDPS Act. The Petitioner is suffering with Blood Pressure and diabetic. 5. Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that one similar criminal antecedent reported against the Petitioner and inventory is completed in this matter. 6. Considering the nature and gravity of allegation levelled against the Petitioner, his alleged role played in this case, and the period of detention undergone by the Petitioner, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions: 7. In the result, the Criminal Petition is allowed with the following conditions: i. The Petitioner/Accused shall be enlarged on bail subject to his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Gudur. ii. The Petitioner/Accused shall appear before the Station House Officer, Gudur II Police Station, Tirupati District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The Petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. The Petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he do not have passport, he shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 19.01.2026 KK