Allowed¶42

Pangi Mohanarao v. Tjhe State of Ap.

Andhra Pradesh HC5 Feb 2025CRLP/532/2025

Case brief

AI extract

What is this about?

Regular bail under Sections 480/483 BNSS for NDPS offence under Section 20(b)(ii)(C) read with 8(c); seizure of 40 kg ganja worth Rs.2,00,000/- on 03.09.2024; Crime No.38 of 2024, Pedabayalu Police Station, Alluri Sitharama Raju District; charge sheet pending for want of inventory; bail on Rs.10,000/- personal bond with two sureties; condition of weekly Saturday reporting to SHO till charge sheet; Andhra Pradesh High Court, Amaravati, 2025.

What did the court decide?

Regular bail granted to the petitioner/Accused No.1 on executing a personal bond of Rs.10,000/- with two sureties of the like sum each, with a condition to appear before the Station House Officer concerned once a week (every Saturday between 10.00 am and 01.00 pm) till filing of the charge sheet. ¶42

Pangi Mohanarao Vs Tjhe State of Ap. — Narcotics (NDPS) | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner/Accused No.1 is entitled to regular bail in Crime No.38 of 2024 of Pedabayalu Police Station for the offence under Section 20(b)(ii)(C) read with 8(c) of the NDPS Act.

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Court's answer

On perusal of the material on record, the court found that the police, on credible information, arrested the accused and seized 40 kg of ganja on 03.09.2024 and that since then he had been languishing in jail.

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Ratio / Principle

In view of the facts and circumstances of the case, the court was inclined to grant bail to the petitioner/accused, subject to conditions: release on a personal bond of Rs.10,000/- with two sureties of the like sum each to the satisfaction of the Special Judge for NDPS offences, Visakhapatnam, and appearance before the Station House Officer once a week (every Saturday between 10.00 am and 01.00 pm) till filing of the charge sheet.

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Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (K. Sreenivasa Reddy, J.), Criminal Petition No. 532 of 2025, decided 06/02/2025 — NDPS Act, Section 20(b)(ii)(C) read with 8(c) — regular bail sought under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Crime No.38 of 2024 of Pedabayalu Police Station — accused arrested on 03.09.2024 while carrying 40 kg of ganja worth Rs.2,00,000/- — major portion of investigation completed but charge sheet not filed for want of inventory — bail granted on personal bond of Rs.10,000/- with two sureties of the like sum, conditioned on weekly appearance before the SHO every Saturday between 10.00 am and 01.00 pm till filing of the charge sheet — Criminal Petition allowed.

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lN THE HIGH COURT oF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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:PRESENT:

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 532 OF 2025

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Between :

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'r_us-I ae

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pangi Mohanarao, s/o. Narayana, Aged 31 years, R/o. Rapthadu Village, Kunthurla panchayat, pedabayalu MandaI, AIIuri Seetharamaraju Dl'strict.

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Petitioner/Accused No.1

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AND

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The State ofAndhra Pradesh, Rep. By I'tS Public Prosecutor, High Court of A.P., Amaravati, Through station House Officer Pedabayalu Police Station. Visakhapatnam District.

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Respondent Petition under sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik suraksha sanhita,2023), is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal PetitI'On, the High Court may be pleased to enlarge the petitioner/ Al on Regular Bal-I in connection with crI|me No.38/2024 of Dt.03.09.2024 and Pedabayalu Police Station, Vl®sakhapatnam Dl'strict .

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The petition coml-ng on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri ANIMIREDDI PAVAN KUMAR , Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER

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[3327]

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THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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£BIMINAL PETITION NO: 532/2Q2E

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Between:

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Pangi Mohanarao

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...PETITIONER/ACCUSED

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AND

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Tjhe State Of Ap ...RESPOND`ENT/COMPLAINANT

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Counsel for the Petitioner/accused:

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1.ANIMIREDDI PAVAN KUMAR

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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 order:

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This Criminal Petition, under sections 480 and 483 of the

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Bharatiya Nagarik Suraksha SanhI'ta, 2023, has been filed by the

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petitioner/A1, seeking regular bail, in Crime No.38 of 2024 of

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Pedabayalu Police Station, AIluri Sitharama Raju District.

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.ft L__zr

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A case has been registered againstthe petitioner herein for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act').

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Case of the prosecution, in brief, is that, on 03.09.2024, at about O2.OO pm, on credible information, the Sub-Inspector of Police, Pedabayalu Police Station, along with his staff and mediators, rushed to Puligondi Village road and found a person carrying two gunny bags. On seeing the police party, he tried to escape. The police staff chased and caught him.He was in possession of 40 Kgs of Ganja worth Rs.2,00,OOO/_. The contraband was seized under cover of a mediators report and accused was arrested.

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Heard. Perused the record.

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A perusal of the material on record goes to show that the police, on credible information, arrested the accused and seized 40 Kgs of Ganja on 03.09.2024 and since then he is languishing in jail. Learned Assistant Public Prosecutor submits that the major

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portion of 'lnvestigation is completed, but charge sheet could not be filed for want of inventory.

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ln view of the aforesaid facts and Circumstances Of the case, this court is inclined to grant ball to the petitioner/accused on the following conditions.

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i) The pet'ltioner/aCCuSedShall be released On bail On his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two Sureties Of the like Sum each tO the satisfaction of the learned I Additional District & Sessions Judge_ Gum-special Judge for Trial of Offences under NDPS Act, visakhapatnam District.

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ii) on release, the Petitioner Shall appear before the Station House Officer concerned, Once in a Week i.eu On every Saturday between 10.00 am and 01.00 pm, till filing Of the Charge Sheet.

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