APHC010700552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13334/2025 Between: 1. RAKESH KUMAR PADHI, S/O SURAJ NARAYANA PADHI,AGE 21 YEARS, R/O.BALIMELIA VILLAGE,MALKANGIRI DISTRICT,ODISSA STATE-764051.STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep.By its Public Prosecutor,High Court of at AmaravathiThrough Station House Officer,Proh Excise Station RajamahendravaramNorth Police StationEast Godavari District. ...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 Court pleased to enlarge the Petitioner on Regular Bail accused in Crime No.246/2025 filed U/s 8 (c), R/w 20 (b) (ii) (C) of the NDPS Act 1985 in Proh &Excise Rajamahendravaram North Police Station and pass Counsel for the Petitioner/accused: 1. SODUM ANVESHA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13334/2025 ORDER : The Criminal Petition has been filed under Section 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.4, for granting of regular bail in connection with Crime No. 246/2025, on the file of Proh. & Excise Rajamahendravaram North Police Station, registered for the alleged offence punishable under Section 8(C) r/w 20(b)(ii)(C) of the NDPS Act. 2. Heard Ms. Sodum Anvesha, learned counsel for the petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. The case of the prosecution in brief is that on 30.10.2025, at about 06:30 PM, at vacant place behind Garuda Hotel which is situated on the left side of the service road adjacent to NH16, Katheru Village, the Proh. & Excise Inspector, Rajamahendravaram North along with his staff and mediators while conducting vehicle checking, apprehended A1 to A6, when they were transporting 33 Kgs of Ganja on two motorcycles and seized the said ganja, motorcycles, phones from their possession under cover of mediators’ report. 4. Learned counsel for the petitioner would submit that the petitioner is no way concerned with the present case. The prosecution case would also show that in total the police have seized 33 Kgs of Ganja from two motorcycles. But from the motorcycle in which the petitioner herein is travelling, the police have seized only 18 Kgs of Ganja, which is a non-commercial quantity. The 3 petitioner has no criminal antecedents. By this time, investigation might have been completed. The petitioner is ready to furnish sureties to the satisfaction of the Court. Learned counsel for the petitioner finally prays for grant of regular bail. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the contraband involved in the present crime in total amounts to 33 Kgs of Ganja, which is a commercial quantity. She would further submit that investigation is still in progress. Learned Assistant Public Prosecutor would further submit that if the petitioner is released on bail, he may commit similar offences and finally prays for dismissal of the petition in the light of the bar under Section 37 of NDPS Act. 6. Considering the submissions made, upon perusal of the material on record, this Court is not inclined to grant regular bail to the petitioner at this stage. Accordingly, this Criminal petition is dismissed. However, the petitioner is at liberty to file a fresh application before the Trial Court at appropriate time. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 29.01.2026 UPS 4 151 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13334/2025 29.01.2026 UPS