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2026 DAILYLAW 27795 (AP)

Akkapalli Sudhakara v. The State of Andhra Pradesh

CRLP/13495/2025 · 2026-01-19

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010712942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13495/2025 Between: 1. AKKAPALLI SUDHAKARA, S/O LATE JOGIRAJU, AGE 36 YEARS,R/O DUTCHERTI VILLAGE,ADDATEEGALA MANDAL, ASR DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor,High Court of A.P., Amaravathi ...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 petitioners/Accused No.2 on bail in connection with Crime No.269 of 2025 of Kasimkota Police Station and pass Counsel for the Petitioner/accused: 1. PARDHA SARADHI A V Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13495/2025 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/Accused No.2, seeking regular bail, Crime No.269 of 2025 of Kasimkota Police Station, registered for the offences punishable under Sections 20(b)(ii)(C) read with 8(C), 25 of the NDPS Act. 2. The case of the prosecution in brief is that, on 06.11.2025, the petitioner was caught red handed, while he was transporting 48 Kgs of Ganja intending to hand over the same to the ganja smugglers. The contraband and other materials were seized under the cover of mediators’ report. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. Perused the material on record. 4. Learned counsel for the petitioner would submit that the grounds of arrest are not informed to the petitioner at all. Learned counsel for the petitioner would further submit that the petitioner has permanent abode and the question of escaping does not arise, in the event of grant of bail. He would further submit that the petitioner is ready to furnish sureties to the satisfaction of the Court and finally prays to grant bail to the petitioner. 5. Learned Assistant Public Prosecutor submits that the quantity of contraband involved in present crime is 48 Kgs of Ganja, which is a 3 commercial quantity. She would further submit that there are two (2) more NDPS cases pending against the petitioner and investigation is at nascent stage, inventory is also not completed. 6. Considering the submissions and a keen perusal of the material placed on record, the arguments advanced by the learned counsel for the petitioner that the grounds of arrest are not informed to the petitioner has no force, since the remand report is clear to the effect that the details of arrest were explained to the accused, the facts of the case were clearly communicated to accused. Copies of FIR, confessional statement and the remand report were also supplied to the accused under acknowledgments and he was also informed that he was producing before the learned Magistrate for judicial custody. In view of the aforesaid facts and circumstances of the case, petitioner does not deserve for grant of bail at this stage in the light of bar under Section 37 of NDPS Act. 7. In that view of the matter, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.01.2026. UPS 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13495/2025 Dt.20.01.2026 UPS