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2026 DAILYLAW 9928 (AP)

Dinesh Kumar alias J Dinesh Kumar v. The State of Andhra Pradesh

CRLP/7539/2026 · 2026-09-07

Y Lakshmana Rao

body2026

Judgment text

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APHC010453232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7539/2026 Between: DINESH KUMAR ALIAS J DINESH KUMAR, S/O. JEEVA, AGED ABOUT 35 YEARS,P/O. AMBEDKAR 11 STREET, OZHALUR,CHENGALPATTU, KANCHEEPURAM, TAMIL NADU STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: BOOSARA V N PRAVEEN KUMAR Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.7539 of 2026 Dated 08.09.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.4 on bail in Crime No.162 of 2025 of Visakhapatnam Police Station, GRP Vijayawada, registered against the Petitioner/Accused No.4 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that, on receiving information regarding illegal possession and transportation of ganja, the Police proceeded to Visakhapatnam Railway Station, apprehended the accused and seized 37.5 KGs of ganja under a mediators report. The Petitioner was implicated as Accused No.4 based on the confession statements of the other accused. 3. Mr.Boosara V.N.Praveen Kumar, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law- abiding citizen. The charge sheet has already been filed. The petitioner 3 Dr.YLR,J Crl.P.No.7539 of 2026 Dated 08.09.2026 undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Mr. A. Sai Rohith, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the Petitioner and submitted that, though the charge sheet has already been filed, the allegations against the Petitioner are well founded. Hence, he prayed that the Criminal Petition be dismissed. 5. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner was involved in possession and transportation of 37.5 kgs of ganja. The petitioner was arrested on 13.04.2026. He has been judicial custody for the past 148 days. The role of the Petitioner has come into light based on the confession of the Accused Nos.1 and 2. The seized ganja is a commercial quantity. After thorough investigation, charge sheet has been filed and the same is numbered as NSC No.259 of 2026. Accusations against the petitioner are well founded. There is one similar adverse antecedent reported against the petitioner. 7. Having regard to the entire facts and circumstances of the case, which are prima facie well-founded in the charge sheet, the nature and gravity of the offence, this Court is not inclined to enlarge the 4 Dr.YLR,J Crl.P.No.7539 of 2026 Dated 08.09.2026 Petitioner/Accused No.4 on bail at this juncture. Accordingly, this Court finds no merit in the Criminal Petition, and the same is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 08.09.2026 Pmk/VMM 5 Dr.YLR,J Crl.P.No.7539 of 2026 Dated 08.09.2026 95 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7539 of 2026 Date:08.09.2026 Pmk/VMM