Dismissed¶34

Mohan Madan Kumar v. the State of Andhra Pradesh

Andhra Pradesh HC16 Mar 2025CRLP/1890/2025

Case brief

AI extract

What is this about?

Regular bail refused under Ss.480 & 483 BNSS 2023; A2 to A4 in Crime No.03/2025, Chillakur Police Station, Tirupati District; offence u/S.20(b)(ii)(C) r/w 8(c) NDPS Act; 72 kgs ganja seized 07.01.2025; commercial quantity; inventory/investigation pending; judicial custody over two months; bail petition dismissed by Dr Justice Venkata Jyothirmai Pratapa, High Court of Andhra Pradesh at Amaravati, 17.3.2025.

What did the court decide?

The Court accepted the Assistant Public Prosecutor's contention that the seized contraband is commercial quantity. ¶30

Mohan Madan Kumar Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

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APHC010087592025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3396]

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MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION NO: 1890/2025

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Between:

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Mohan Madan Kumar and Others

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...PETITIONER/ACCUSED(S)

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AND

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The State Of Andhra Pradesh

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...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused(S):

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1.VAJJA CHETHAN KUMAR REDDY

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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The Court made the following:

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The Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioners/A2 to A4 to grant regular bail in connection with Crime No.03/2025 of Chillakur Police Station, Tirupati District.

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A case has been registered against the petitioners herein and others for the offences punishable u/Sec.20(b)(ii)(C) r/w 8(c) of NDPS Act.

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The case of the prosecution in nut shell is as follows:

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On 07.01.2025 at about 1.30 pm, on receipt of credible information about illegal possession and transportation of ganja, the Sub-Inspector of Police, Chillakur Police Station, along with staff and mediators conducted

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raid and arrested A1 to A4 and seized 72 kgs of ganja from their possession under the cover of mediators report. On the same day, they were arrested and remanded to judicial custody.

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Heard Sri V.Chetan Kumar Reddy, learned counsel for the petitioners/A2 to A4 and Sri Neelothpal Ganji, learned Assistant Public Prosecutor for the respondent.

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Learned counsel for the petitioners would submit that the petitioners have been in judicial custody from 07.01.2025 and more than two months elapsed and prays to allow the criminal petition.

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Contra to the same, learned Assistant Public Prosecutor vehemently opposed the petition stating that inventory is pending in this matter and the seized contraband is huge quantity and if they were enlarged on bail, they would repeat the same offence and prays to dismiss the criminal petition.

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Considering the submissions made and on perusal of the material on record shows that learned Assistant Public Prosecutor has rightly pointed out that the seized contraband is commercial quantity and as the

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investigation is pending, this Court is not inclined to grant bail to the

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petitioners at this stage, as the investigation is going on.

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