1 APHC010287052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4625/2026 Between: 1. SHALU DUBE, ,W/O. HARSIT DUBE, AGED ABOUT 26 YEARSR/O. KHEDA JALALPUR PUKHTA, DATAGANJ,BUDAUN DISTRICT, UTTAR PRADESH STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...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 enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.169/2026 of Visakhapatnam Railway P.S., Visakhapatnam and to pass such Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4625 /2026 ORDER: The Criminal Petition has been filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.1 for granting of bail in connection with Crime No.169 of 2026 of Visakhapatnam Railway Police Station, Visakhapatnam registered for the alleged offence punishable under Sections 8(c) r/w. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. The case of the prosecution is that on 05.05.2026, on receipt of credible information, the Sub-Inspector of Visakhapatnam Railway Police along with his staff and mediators rushed to platform No.8 of Visakhapatnam Railway Station and caught two female passengers in possessing and transporting the ganja weighing about 24 kgs. The police seized the contraband, arrested and remanded Accused No.1 to judicial custody and another female passenger (CICL) who is aged about 17 years, sent for juvenile home. 4. Mr. G.Maheswara Rao, learned counsel for the petitioner submit that the petitioner is a female aged about 26 years. She was blessed with a baby. It is very difficult for the petitioner to maintain the baby in prison. The petitioner was found in the possession of 12 kgs of ganja and it is not a commercial quantity. The petitioner is a permanent resident of Uttar Pradesh. She would 4 abide by any conditions which this Court deems fit to enlarge the petitioner on bail. Material portion of investigation is completed and urged to enlarge the petitioner on bail. 5. On the other hand, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed to grant of bail to the petitioner, submitting that 9 witnesses were examined. There was no adverse antecedents against the petitioner and total contraband in this case is 24 kgs. Investigation is still pending and urged to dismiss the Criminal Petition. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 7. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioner is entitled for grant of bail?” 8. As seen from the record, the petitioner is a female aged about 26 years. She was blessed with a baby. The Petitioner was arraigned as Accused No.1 and was arrested on the spot while transporting 24 Kgs of Ganja. She was in possession of 12 kgs of ganja, which is not a commercial quantity. But the total quantity in this case is 24 kgs, which is a commercial quantity. It is borne out from the record that Accused No.2 is maid of Accused No.1/petitioner. So far only nine witnesses were examined and substantial portion of the investigation is not completed. Material witnesses are to be examined. 9. Therefore, the request of enlarge the petitioners on bail at this juncture is not found reasonable. 5 10. Accordingly, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 16.06.2026 AG 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4625/2026 Date: 16.06.2026 AG