Susant Chatria @ Sushant Chatria Vs the State of Andhra Pradesh

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/N THE A/GH count oF ANDHRA pRADEsH AT AMA

THuRSDAY, THE TH/RD DAY oF APE/i Two T H ou s:bNbD_:;Du #ENOTFyAFPIVR= \n--_ :PRESENT: -'vL TH E H ONOcuR:M:NB:EL :=:::fhSO::F;'i:!_LLI RARJ U NA RAO

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Between.. CRJMINAL pETJTloNNO.. 3325OF2025

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susant chatrl'a @ sushant chatrI'a, C/a. Tl'lo chatrl'a, aged about 26 years, R/a. Kendupadu v,'l'age, Bojpar,-guda Block, Koraput Dl'strjct, odI-Sha State.

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...PetI-tl-Oner/Accused No.5

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AND

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The State of Andhra Pradesh, Rep by I'tS Publl-c Prosecutor, High Court of Andhra Pradesh

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..Respondent

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Petition under Sections 437 & 439 of Cr.P.C and Under Sections 480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the HI'gh Court may be pleased to enlarge the PetitI|6her/Acc'used No.5 on bail pendl-ng disposal of Crime No,350/2024 of Visakhapatnam Railway P.S., Visakhapatnam.

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The Petition coming on for hearing, upon perusing the petition and thei memorandum of grounds filed in support thereof and upon hearing the arguments of SRI ADAPA SUDHAKAR RAO, Advocate for the Petitioner, andJ of PUBLIC PROSECUTOR, for the Respondent;

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I.

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APHCfi=i#riiO25 lN THE HGH CA9TURATM:EAAvNADTIRA PRADESH [33691 (special original Jur'Sd'`CtiOn)

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"RSDAY +TE, _TT\ \nDT^\tY\OT\ E\IRFH EREd±A-ND-riND TINENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO gBHELN AL P E±!I!Q±!J!!Q±j232i2E£2Q2E

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Between -.

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susant chatria @ sushant chatria ...PETITIONER/ACCUSED AND

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The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh

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counsel for the petitioner/accused|.

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1.ADAPA SUDHAKAR RAO

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counsel for the RespondentlcomPlainant:

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PUBLIC PROSECUTOR

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The Court made the following: ORDERl.I

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This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A5, seeking regular bail, in Crime No.350 of 2024 of Visakhapatnam Railway Police Station.

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A case has been registered against the petitioner/A5 herein and others for the offences punishable under Sections

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8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short [the NDPS ActJ).

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The brief facts of the case are that on 15.10,2024 between from ll.30 hours to 13.30 hours the ASl along with staff checking at platforms at near pillar No.4, North end, platform No.7 of Visakhapatnam Railway Station and found A1, A2 along with two bags containing 3 packets of dry ganja Weight about 7.250 grams. Then the ASl of Police arrested Al and A2 and send them to judicial remand and seized the ganja. Thereupon, the ASl of Police registered the same as a case in Crime No.350 of 2024 and investigated into.

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Heard. Perused the record.

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The learned counsel for the petitioner submits that the Petitioner has been in judicial custody since 13.03.2025, and the case was registered on 15.10.2024 and the investigation has been completed. The learned Assistant Public Prosecutor has opposed granting bal'l to the petitioner on the grounds that the investigation was not completed. He further submits that, based on confessions of co-accused, the case was registered against the petl®tioner/5 and no contraband was seized from him. The

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learned counsel for the petitioner further submits that the contraband said to be involved -ln this case is 7.250 grams. The petitioner belongs to odisha state. When ascertained the learned Assistant Publ'lc Prosecutor confirmed that the Petitioner has no antecedents. As the contraband Seized iS not Of commercial quantity, no reasons need to be recorded as contemplated under section 37 of the NDPS Act. Most of the witnesses are shown to be offllcial witnesses and the release of the accused would not cause hampering of investigation. As most of the -lnvest'lgation might have been completed, as such, this court is inclined to grant bail to the petitioner.

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(i) The petitioner/A5 shall be released On executing a personal bond for Rs.10,000/-(Rupees ten thousand Only) With one surety for a like sum to the satisfaction of the learned l- Additional District & Sessions Judge-Gum-Special Judge for Trial of offences under NDPS Act, Visakhapatnam.

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(ii) After release, the Petitioner Shall appear before the station House Officer concerned, Once in a fortnight for a Period of two (02) months.

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(iii) That the petI'tiOner iS directed not tO hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation.

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