1 APHC010696372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13247/2025 Between: 1. KUNALA KHARA, MANTRIPUT VILLAGE, CHILKEMPUT PANCHAYAT, LAMATAPUT BLOCK, KORAPUT DISTRICT, ODISHA 2. SHUKA KHILLA, ANAGEL VILLAGE, BADHADHURAL PANCHAYAT, KORAPUT BLOCK, MALKANGIRI DISTRICT, ODISHA ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATHI ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. BALABHADRUNI MANOHAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13247 OF 2025 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.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 and 2 on bail in Crime.No.41 of 2025 of Munchingiput Police Station, Alluri Sitharama Raju District, registered against the Petitioner herein for the offences punishable under Section 111(2)(b) BNS and Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard Mr.Balabhadruni Manohar, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the record. 3. The case of the prosecution is that on 22.07.2025 the petitioners were found in possession and transportation of 70.5 kgs of ganja 4. The learned counsel for the petitioners would submit that the petitioners are innocents and have been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime. It is further submit 3 that the petitioners are the sole breadwinner of their respective families and have not committed any offence. The petitioners undertakes to abide by any condition that this Court may impose while granting bail to the petitioners. 5. Ms.K.Priyanka Lakshmi, the learned Assistant Public Prosecutor would submit that the petitioners were indulged in dealing with commercial quantity of ganja and the investigation is not completed and urged to dismiss the criminal petition. 6. On perusal of the record, the petitioners/accused Nos.1 and 2 were arrested on spot on 22.07.2025. Since then they have been in judicial custody. The allegation against the petitioners is that they had indulged in dealing with 70 kgs of ganja, which is not only a commercial quantity but also a colossal quantity. The investigation is at nascent stage. 7. In the facts and circumstances of the case, the request of the petitioners cannot be considered at this juncture inasmuch as there are no reasonable grounds to believe that the petitioners have not indulged in the commission of the alleged offence and if the petitioners are released on bail they would not commit similar offence in future. There are no merits in the Criminal Petition for grant of bail to the petitioners. Hence, the Criminal Petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. 4 As a sequel, Miscellaneous petitions, if any pending, shall stand closed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 27.01.2026 S D P 5 255 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13247 OF 2025 27.01.2026 W S D P