Tamilseivi P v. The State of Andhra Pradesh

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT Petition under Section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.406/2024 of Duvvada Police Station, Visakhapatnam District This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Adapa Sudhakar Rao, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.4105 of 2025 ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, seeking bail, in Crime No.406/2024 Duvvada Police Station, Visakhapatnam Commissionerate.

#2. A case has been registered against the petitioner for the offence punishable u/Sec.20(b)(ii)(C), 25 r/w 8(c) of NDPS Act.

#3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State.

#4. Case of the prosecution, in brief, is that, on 28.11.2024 at 6.00 am, on receipt credible information regarding illegal possession f transportation of ganja, the S.l of Police, along with staff and mediators rushed to Duvvada Railway station at plat form no.4 bushes and found the petitioner in suspicious circumstances. On questioning, the petitioner disclosed her identity particulars as that of the accused and police found 102 kgs of ganja in her possession. Police arrested her and remanded her judicial custody and seized the contraband. She confessed the involvement of other accused in the commission of the offence.

#5. Heard. Perused the record. 2

#6. Learned Assistant Public Prosecutor submits that major part of the investigation is completed except filing of charge sheet for want of RFSL report and prays to dismiss the petition.

#7. Learned counsel for the petitioner contended that the petitioner has been in judicial custody since 28.11.2024 and she has permanent abode and prays to allow the petition.

#8. The record shows that the petitioner has been in judicial custody from

28.11.2024. The seized contraband is 102 kgs of ganja which is huge quantity. In view of bar contained under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage.

#9. In the result, the Criminal Petition is dismissed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR 1 //TRUE COPY// SECTION OFFICER To,

#1. The I Additional District & sessions Judge- Special Judge for Trial of offences under NDPS Act, Visakhapatnam

#2. The Station House Officer, Duvvada Police Station, Visakhapatnam Commissionerate

#3. The Superintendent, Central Jail, Visakhapatna m

#4. One CC to Sri Adapa Sudhakar Rao, Advocate [OPUC]

#5. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT]

#6. Three CD Copies HIGH COURT DATED: 24/04/2025 m f V ORDER CRLP.No.4105 of 2025 4^" !3= C3 2 h JUL 2025 o <Ttj c&7i A DISMISSING THE CRIMINAL PETITION