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2026 DAILYLAW 28288 (AP)

Ganeswar Acharya v. The State of Andhra Pradesh

CRLP/166/2026 · 2026-01-07

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010723072025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between: 1. GANESWAR ACHARYA, S/O SIDHESWAR, AGED 36 YEARS,R/O BILAPUT, NANDAPUR MACHKUND,NANDAPUR, KORAPUT, ODISHA STATE 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, 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 Courtmay be pleased to relax the order dt. 29.11.2025 passed by the Hon'ble I Additional District & Sessions Judge Special Judge for Trial of Offences Under NDPS Act: Visakhapatnam in CrI.M.P.No. 1211 of 2025 in Cr. No. 01 of 2025, on the file of the Koyyuru Police Station by considering the situ execute a bond for Rs. 10,000/ satisfaction of Hon'ble Judicial Magistrate of First Class, Chinthapalli" instead of "Petitioner shall execute a bond for Rs.3,70,000/ Seventy thousand only) with one surety for like sum to the satisfaction of Judicial Magistrate of First guarantee for Rs. 3,70,000/ and permit the Petitioner without any bank guarantee to release the Vehicle Counsel for the Petitioner/accused: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 166/2026 GANESWAR ACHARYA, S/O SIDHESWAR, AGED 36 YEARS,R/O BILAPUT, NANDAPUR MACHKUND,NANDAPUR, KORAPUT, ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, 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 Courtmay be pleased to relax the order dt. .2025 passed by the Hon'ble I Additional District & Sessions Judge Special Judge for Trial of Offences Under NDPS Act: Visakhapatnam in CrI.M.P.No. 1211 of 2025 in Cr. No. 01 of 2025, on the file of the Koyyuru Police Station by considering the situation of the Petitioner as "Petitioner shall execute a bond for Rs. 10,000/- (Rupees Ten Thousand only) to the satisfaction of Hon'ble Judicial Magistrate of First Class, Chinthapalli" instead of "Petitioner shall execute a bond for Rs.3,70,000/- (Rupees Three Lakhs Seventy thousand only) with one surety for like sum to the satisfaction of Judicial Magistrate of First-Class, Chinthapalli and shall furnish the bank guarantee for Rs. 3,70,000/- (Rupees Three Lakhs Seventy thousand only)" e Petitioner without any bank guarantee to release the Vehicle Counsel for the Petitioner/accused: IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA GANESWAR ACHARYA, S/O SIDHESWAR, AGED 36 YEARS,R/O BILAPUT, NANDAPUR MACHKUND,NANDAPUR, KORAPUT, ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, ...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 Courtmay be pleased to relax the order dt. .2025 passed by the Hon'ble I Additional District & Sessions Judge - Special Judge for Trial of Offences Under NDPS Act: Visakhapatnam in CrI.M.P.No. 1211 of 2025 in Cr. No. 01 of 2025, on the file of the Koyyuru ation of the Petitioner as "Petitioner shall (Rupees Ten Thousand only) to the satisfaction of Hon'ble Judicial Magistrate of First Class, Chinthapalli" instead es Three Lakhs Seventy thousand only) with one surety for like sum to the satisfaction of Class, Chinthapalli and shall furnish the bank (Rupees Three Lakhs Seventy thousand only)" e Petitioner without any bank guarantee to release the Vehicle 1. DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 166/2026 ORDER: This Criminal Petition has been filed against the order, dated 29.11.2025 passed by the learned I Additional District & Sessions Judge - Special Judge for Trial of Offences Under NDPS Act: Visakhapatnam in CrI.M.P.No. 1211 of 2025 in Cr. No. 01 of 2025, on the file of the Koyyuru Police Station by considering the situation of the Petitioner as "Petitioner shall execute a bond for Rs. 10,000/- (Rupees Ten Thousand only) to the satisfaction of Hon'ble Judicial Magistrate of First Class, Chinthapalli" instead of "Petitioner shall execute a bond for Rs.3,70,000/- (Rupees Three Lakhs Seventy thousand only) with one surety for like sum to the satisfaction of Judicial Magistrate of First-Class, Chinthapalli and shall furnish the bank guarantee for Rs. 3,70,000/- (Rupees Three Lakhs Seventy thousand only)" and permit the Petitioner without any bank guarantee to release the Vehicle of the petitioner. 2. Heard Sri Dasari Ramakoteswar Rao, learned counsel for the Petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the Order passed by a Coordinate Bench of this Court vide Criminal Petition No.655 of 2025, dated 31.01.2025. 4. Considering the submissions made, following the said Order passed by a Coordinate Bench of this Court in Criminal Petition No.655 of 2025, dated 31.01.2025 and taking into consideration of the facts and circumstances of the case, the condition imposed by the learned Judge in the order, dated 29.11.2025, passed in Crl.M.P.No.1211 of 2025, to the extent of directing the petitioner to furnish bank guarantee for a amount of Rs.3,70,000/- is hereby set aside. The rest of the conditions imposed by the learned Special Judge shall remain unaltered. 5. With the above said modification, the Criminal Petition is disposed of. Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.01.2026 KKV