Judgment · High Court · 2025

The State Station House Officer, Chodavaram Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District Respondent/Complainant Petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to release the petitioner/A2 on Bail connection with Crime No 173 of 2019 of Chodavaram Police Station, Visakhapatnam U/s 20(b)(ii)(c),25 r/w 8(C) of NDPS Act, 1985, dated 15-03- 2019 The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri. K PRIDHVI RAJU Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent: The Court made the following: APHC010207772025 0f IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4391/2n9«^ Between; Gadutula Parashuram The State Of Andhra Pradesha AND Counsel for the Petitioner/accused:

1.KPRIDHVI RAJU ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant'

#1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking Crime No. 173/2019 of Chodavaram Police Station, Visakhapatnam Rural. bail, in

#2. A case has been registered against the petitioner and others for offences punishable u/Secs.20(b) r/w 8(c) of the 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 15.3.2019 at about 12.00 noon, on receipt of credible information, regarding illegal possession and 2 transportation of ganja, the S.l of Police, along with staff and mediators rushed to Venkannapalem Junction and conducted vehicle checking. They found one Active moped coming from Chodavaram and on seeing police, the rider and pillion rider of the Active moped stopped the vehicle and tried to escape. But police caught and apprehended one person while the other one escaped. On enquiry he disclosed his identity particulars as A1. Police found 25 Kgs of Ganja in his possession and got him into custody, A1 confessed the involvement of A2 to A4 in the commission of the offence. During the course of investigation, police arrested this petitioner/A2 on

18.3.2025.

#6. Perused the record. Learned counsel for the petitioner contends that a crime came to be registered on 15.3.2019 and basing on the confession statement of other accused, who were found to be in possession of 26 Kgs of Ganja, this petitioner was arrested on 18.3.2025 and since then he has been in judicial custody, as such, prayed to allow the Criminal Petition, He further submitted that in this case after completion of investigation, police filed charge sheet.

#7. Learned Assistant Public Prosecutor has not disputed the above fact and opposed to grant bail to the petitioner but fairly conceded that charge sheet was filed in this case.

#8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioner was arrested and 1 3 remanded to judicial custody on 18.3.2025 basing on the confession statement of other accused. Evidently no contraband has been seized from the possession of the petitioner. Since the petitioner has been in remand from 18.3.2025, this Court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. It is submitted that the petitioner is permanent resident of Jolaput, ASR District, there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. Considering the entire material on record, this Court is inclined to grant bail to the petitioner.

#9. In the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A2 herein shall be released on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with one surety for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer whenever his presence is required; (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. SD/- K.SRINfVASA RAJU ASSISTA EGISTRAR SECTION OFFICER //TRUE COPY// To,

#1. The I Additional District & Sessions Judge Special Judge for Trial of Offences under NDPS Act, Visakhapatnam.

#2. The Superintendent, Central Prison, Visakhapatnam.

#3. The Station House Officer, Chodavaram Police Station, Visakhapatnam.

#4. One CC to Sri. K PRIDHVI RAJU, Advocate [OPUC]

#5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT]

#6. One spare copy JSS € HIGH COURT TMR, J DATED:02/05/2025 BAIL ORDER CRLP.No.4391 of 2025 ALLOWED a it. 1 vl^'^ 10 ^ 5?" I \ ^ a ★ \V