Panchayat, Munchingput MandaI, ASR District v. Amaravathi, Guntur District

The Criminal Petition has been filed under Sections 437 and 439 of the Code of crimI'nal Procedure,1973 (for brevity lthe cr|p.c.I)/ sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSSJ), seeking to enlarge the petitioner/Accused No.7 on bail in cr. No.51 of 2024 of Munchingiput police Station, AIIuri SI'tharama Raju District, registered against the petitioner/Accused No.7 and others for the offences punishable under sections 111(2)(b) of BNS and Sections 20(b)(ii)(C), 25 I/w 8(C) of the of the A 1 2 Dr.YLR, J crl.p.No.7045 of 2025 Dated 17.07.2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS Act]).

The case of the`prosecution is that On 06.12.2024 at 17.00 hours, on reliable information received by the Sub-Inspector of Police, Munchinigiput police station about illegal trafficking of Ganja, he along with his staff and mediators proceeded to Labburu Village Junct|lon and while conducting vehicle checking, found Accused Nos.6 to 8 transporting and in possession of 734 KGs of Ganja in a Bolero Jeep Bearing No.OR 10 J 0376. The accused persons were remanded to judicial custody and contraband along With Vehicle were seized under the cover of mediators report.

Ms. Bandi Praveena, the learned counsel for the petitioner, Submits that the petitioner has not committed any offence and he is aged about 20 years; he was falsely implicated in this case-, he is sole breadW|lnner Of his family; he 'ls ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail.

Per confra, Ms. P. Akhila Naidu, the learned Assistant Public prosecutor, submits that the petitioner herein along with Accused Nos.6 and 8 are caught red-handedly in possession of 734 KGs of Ganja which is a huge quantity. lt is the allegation of the prosecution that the petitioner is aged about 20 years and was driv'lng the Vehicle in Which the COntraband Was found. If the A Petitioner I'S enlarged on bail, he would commI-I more OffenCeS Of Similar nature; and urged to dismiss the bail petition. Dr.YLR, J Crl.P.No.7045 of 2025 Dated 17.07.2025

Perused the record.

The petitioner has been in judicial custody for the past 223 days. Charge sheet has not yet been filed by the Investigating offI'Cer even after completI|On Of Statutory Period Of 180 days as per section 34A of the NDPS Act. The petitioner is at impressionable age i.e., 20 years. He is figured as Accused No.7 in this case. There are no adverse antecedents reported against the petitioner.

Taking into consideration of the nature of allegations levelled against the petitioner, his alleged role in this case and the period of detention undergone by hI-m, this Court is inclined to enlarge the petitioner on bail.

This Court is of the opinion that if certain stringent conditions are imposed on the petitioner for securing his presence before the learned Trial Court for trial, the interest of justice would be met. 9, ln the result, the criminal PetitI'On iS allowed with the followI'ng conditions: i. The petitioner/Accused No.7 shall be enlarged on bail subject to executing a personal bond for a sum of Rs.25,000/- (Rupees 4 Dr.YLR, J crl.p.No.7045 of 2025 Dated 17.07.2025 Twenty Five Thousand only), With two Sureties for the like Sum each to the satisfaction of the learned I Add'ItiOnaI District & sess®lons Judge -Gum-Special Judge for Tr'lal of Offences under the NDPS Act at Visakhapatnam. ii. The petitioner/Accused No.7 shall appear before the Investigation Officer concerned, On every Saturday in between lot.00 am and 05:00 pm, until further Orders. iii. The petitioner/Accused No.7 shall not leave the limits Of the District without Prior PermiSS'lOn from the learned Tr®lal Judge. iv. The petitioner/Accused No.7 shall not commit Or indulge in similar offences -ln future. v. The pet-It'lOner/Accused No.7 shall cooperate With the investigating officer in further investigat-Ion of the case and shall be available to the investigating officer as and when called. SD/- G.HELANAIDU ASSISTANT //TRUE COPY// SECTION I I-_---3 To'1. The Metropolitan Sessions Judge-Gum-I Addit'lonal District & Sess''onS Judge-Special Judge for Trial Of OffenceS Under NDPS Act, visakhapatnam, visakhapatnam D-lstrict

2. The Superintendent, Central Prison, VisakhaPatnam, VisakhaPatnam

3. Pis: Tic; tation House Officer, MunchingPut Police Station, Alluri sitharama Raju D-lstrict

4. One CC to M/s BANDI PRAVEENA, Advocate [OPUC] 5. Two CCs to PUBuC PROSECUTOR, High Court of Andhra Pradesh [OUT]

6. One spare COPY HIGH COURT DR.YLR,J DATED..17/07/2025 BAIL ORDER CRLP.No.7045 of 2025 ALLOWED .-i_i... ,_. I