APHC010673462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12903/2025 Between: BIJAY KABASI, S/O SANIA KABASI AGE 37 YEARS, R/O KARASTAGUDA, KAMWADA, KAMBEDA POST, MALKANGIRI DISTRICT, ODISHA STATE ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, MALKAPURAM POLICE STATION, VISAKHAPATNAM REP. BY PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BOPPUDI ALEKHYA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), has been filed by the Petitioner / Accused, seeking regular bail in connection with Crime No.27 of 2020 of Malkapuram Police Station, Visakhapatnam registered for the offences under Sections 20(b)(ii)(C), 25 read with 8(C) of BNS. 2. As per the case of the Prosecution, on 13.02.2020 the Petitioner was found in possession of 50.200 kgs of ganja while he was transporting the same by lorry bearing Regd.No.AP 16 TJ 4627 and on seeing the police, the 2 Petitioner left the lorry and escaped from the place. The Police seized the ganja and subsequently arrested the Petitioner. 3. Heard Ms.Boppudi Alekhya, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the Respondent/State. 4. Learned counsel for the Petitioner submits that the Petitioner herein is a Driver. It is alleged against him that while checking the lorry 50 kgs of ganja was found. It is further submitted that the Petitioner absconded from the place. Learned counsel would argue that the crime is of the year 2020 and the Petitioner was apprehended in the year 2025 and he has been in judicial custody since 15.11.2025. It further submitted that a direction may be given to the trial Court for speedy disposal of the case. 5. Learned Assistant Public Prosecutor would submit that the Petitioner belongs to Odissa State and it will be very difficult for the Prosecution to secure his presence, in case of grant of bail to him. It is further submitted that, in fact, the investigating agency had been making efforts for five years to trace him. Learned Assistant Public Prosecutor would further submit that, now the charge sheet is filed before the trial Court. The ganja seized in this case is a commercial quantity. 6. Considering the submissions made and on a perusal of the material on record, it is a case where the investigating agency could not secure the presence of the Petitioner for five years, so that, there is no progress in the 3 case and now the charge sheet is filed. It is a case of seizure of commercial quantify of ganja. 7. In that view, as rightly put by the learned Assistant Public Prosecutor, it will be difficult for the Prosecution to secure the presence of the Petitioner even if any conditions are imposed for his release at this stage. Therefore, this Court is not inclined to release the Petitioner on bail, at this stage and hence, this petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. However, learned trial Judge is directed to look into the charge sheet, take appropriate decision over the matter and after cognizance is taken, complete the trial as expeditiously as possible. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Dt.22.01.2026 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.12903 of 2025 Dated:22.01.2026 Dinesh