Kanteri Bijay Vs the State of Andhra Pradesh

Petition under Section 480 and 483 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court Pleased to release the petitioners on bail in on Cr. No 137/2024 Yatapaka, Police Station East Godavari.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt Koppisetti Parvati Devi, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. Sole Respondent

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The Court made the following Order:

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APHC010165612025

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IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI

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[3369]

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(Special Original Jurisdiction)

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MONDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO

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CRIMINAL PETITION NO: 3537/2025

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Between:

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Kanteri Bijay

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...PETITIONER/ACCUSED

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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:

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1.KOPPISETTI PARVATI DEVI

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Counsel for the Respondent/complainant:

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PUBLIC PROSECUTOR

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The Court made the following ORDER:

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The Criminal Petition, under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS’), has been filed by the Petitioner/A1, seeking regular bail in Crime No. 137 of 2024 of YatapakaPolice Station, East Godavari District, registered for the offences punishable under Sections 111 (2)(b)(4), Sectiion 8(C) r/w.20 (b)(ll)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’) against the petitioner herein and other accused.

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The Prosecution’s case, in brief, is that this is a case of illegal possession and transportation of Ganja that occurred^on 12.11.2024 at 3.00 P.M. at Yetapaka Village wherein S.l. of Police, Yetapaka arrested A.1, A.3 to

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was arrested while they were in possession and transportation of 100 Kgs of Ganja packed in 5 white coloured plastic bags on two cars, the said Ganja was purchased from A.2, and the S.l. of Police, seized the said 100 Kgs of Ganja apart from seizing the (1) Suzuki Ciaz car bearing^{No.TS07GW1805} and (2) Honda Jazz car bearing No. KA 01 MQ 2449 (3) 5 Mobile phones from the possession of the arrested accused under cover of mediators. Subsequently, the present crime has been registered.

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Learned counsel for the Petitioner asserts that the petitioner/accused has been in judicial custody since 12.11.2024 and most of the investigation is completed. When ascertained from the learned Assistant Public Prosecutor, he submits that investigation is not yet completed.

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Heard both sides. Perused the record.

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As seen from the material on record, the contraband^involved in this case is 100 Kgs, which is of commercial quantity; as the investigation is not completed and in view of the bar contained in Section 37 of NDPS Act, this Court is not inclined to consider the bail application of the petitioner/accused.

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