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Kanteri Bijay Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

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Andhra Pradesh HC
2025
Kanteri Bijay Vs the State of Andhra PradeshKanteri Bijay v. the State of Andhra Pradesh

Dismissed¶¶28

Kanteri Bijay v. the State of Andhra Pradesh

Bail – Regular bail under Sections 480 and 483 BNSS

Andhra Pradesh HC1 Apr 2025CRLP/716/2025

Case brief

AI extract

What is this about?

Kanteri Bijay v. The State of Andhra Pradesh; Criminal Petition No. 716 of 2025 (APHC010033152025); High Court of Andhra Pradesh at Amaravati; T. Mallikarjuna Rao, J.; decided 02.04.2025; regular bail application under Sections 480 and 483 BNSS; Crime No. 137 of 2024, Yetapaka Police Station; offences under Sections 111(2)(b) and 111(4) BNS and Section 8(c) read with 20(b)(ii)(C) NDPS Act; 100 kg ganja commercial quantity; raid at Bojjaguppa Centre, Yetapaka on 12.11.2024; judicial custody since 12.11.2024; Section 37 NDPS Act bar; parity with A3 (bail on medical grounds) rejected; petition dismissed.

What did the court decide?

Regular bail refused to the petitioner/A1: in view of the gravity of the offence, the involvement of a commercial quantity of contraband (100 kg ganja) and the bar contained under Section 37 of the NDPS Act, the Court was not inclined to grant bail.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner/A1 (Kanteri Bijay), in judicial custody since 12.11.2024 in Crime No. 137 of 2024 of Yetapaka Police Station involving 100 kg of ganja (a commercial quantity), is entitled to regular bail under Sections 480 and 483 of the BNSS notwithstanding the bar under Section 37 of the NDPS Act. +1 more

Court's answer

Regular bail refused to the petitioner/A1: in view of the gravity of the offence, the involvement of a commercial quantity of contraband (100 kg ganja) and the bar contained under Section 37 of the NDPS Act, the Court was not inclined to grant bail.

Ratio / Principle

Plea of parity rejected: the bail granted to accused No. 3 was on medical grounds based on the peculiar circumstances reflected in the record, and that benefit cannot be extended to the petitioner/A1.

Detailed headnote1 paragraphs

Bail — Regular bail under Sections 480 and 483 BNSS — Crime No. 137 of 2024, Yetapaka Police Station — offences punishable under Sections 111(2)(b) and 111(4) BNS and Section 8(c) read with 20(b)(ii)(C) NDPS Act — allegation that petitioner/A1 was in possession and transportation of 100 kg ganja, a commercial quantity, seized in raid dated 12.11.2024 — petitioner in judicial custody since 12.11.2024 — plea of parity with accused No. 3 (already released on bail on medical grounds) rejected, such bail resting on peculiar circumstances — considering the gravity of the offence, involvement of commercial quantity of contraband and the statutory bar under Section 37 NDPS Act, bail declined — Criminal Petition dismissed.

A

APHC010033152025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3369]

WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 716/2025

Between:

Kanteri Bijay

The State Of Andhra Pradesh

...PETITIONER/ACCUSED

AND ...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

1.KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR

The court made the following Order:

This Criminal Petition, under Sections 480 and 483 of the

BNSS, has been filed by the petitioner herein/A1, seeking regular bail, in Crime No.137 of 2024 of Yetapaka Police Station, registered for the offences punishable under Sections 111(2)(b) and 111(4) of the BNS and Section 8(c) read with 20(b)(ii)(C) of the NDPS Act.

Case of the prosecution, in brief, is that, on 12.11.2024, the Sub-Inspector of Police along with his staff and mediators while conducting raid at Bojjaguppa Centre, Yetapaka, they caught hold of A1, A3 to A6 while they were in possession and transportation of Ganja of 100Kgs, which was supplied by A1 and A2 packed in 5 white color plastic bags by two cars. The

2

contraband along with other material was seized under the cover of mediators report.

Heard. Perused the record.

Learned counsel for the petitioner contends that the petitioner has been in judicial custody from 12.11.2024 and prays to grant bail to the petitioner herein.

On the other hand, learned Assistant Public Prosecutor opposed to grant bail on the ground that contraband allegedly involved in the present crime is 100Kgs of Ganja, which is a commercial quantity and further submits that the case is still under investigation and some more witnesses are to be examined.

Learned counsel for the petitioner submits that accused No. 3 in the present crime had already been granted bail by this Court. However, it is noted that the bail was granted to accused No.3 on medical grounds, based on the peculiar circumstances reflected in the record. Therefore, such a benefit cannot be extended to the petitioner herein/A1.

In view of the gravity of offence and involvement of commercial quantity of contraband and in view of the bar contained under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.

3

8. Accordingly, the Criminal Petition is dismissed .

_____________________ T. MALLIKARJUNA RAO, J

02.04.2025 ASR

4

HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO

Criminal Petition No.716 of 2025

Dated: 02.04.2025

ASR

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner/A1 (Kanteri Bijay), in judicial custody since 12.11.2024 in Crime No. 137 of 2024 of Yetapaka Police Station involving 100 kg of ganja (a commercial quantity), is entitled to regular bail under Sections 480 and 483 of the BNSS notwithstanding the bar under Section 37 of the NDPS Act.¶¶18
The court held
Regular bail refused to the petitioner/A1: in view of the gravity of the offence, the involvement of a commercial quantity of contraband (100 kg ganja) and the bar contained under Section 37 of the NDPS Act, the Court was not inclined to grant bail.ratio¶¶26
2.
Whether the benefit of bail already granted to accused No. 3 by this Court can be extended to the petitioner/A1.¶¶25
The court held
Plea of parity rejected: the bail granted to accused No. 3 was on medical grounds based on the peculiar circumstances reflected in the record, and that benefit cannot be extended to the petitioner/A1.ratio¶¶25

Statutes considered

4 provisions across 3 enactments

AI extract

BNSS480, 483¶¶17
BNS111(2)(b), 111(4)¶¶18
NDPS Act8(c) read with 20(b)(ii)(C)¶¶18 37¶¶26

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of Crime No. 137 of 2024 of Yetapaka Police Station against the petitioner (A1) and others for offences punishable under Sections 111(2)(b) and 111(4) of the BNS and Section 8(c) read with 20(b)(ii)(C) of the NDPS Act.¶¶18
Prior proceeding
Raid on 12.11.2024 at Bojjaguppa Centre, Yetapaka: A1 and A3 to A6 caught in possession and transportation of 100 kg ganja allegedly supplied by A1 and A2 packed in 5 white plastic bags carried in two cars; contraband seized under mediators' report.¶¶19
Prior proceeding
Petitioner/A1 in judicial custody since 12.11.2024.¶¶23
Prior proceeding
Accused No. 3 in the same crime had earlier been granted bail by this Court on medical grounds.¶¶25

Parties & counsel

AI extract

petitioner
Kanteri Bijay¶¶9
Kadiyam Neelakanteswara Rao
respondent
The State Of Andhra Pradesh¶¶10
Public Prosecutor

Coram

AI extract

T. Mallikarjuna Raoauthor¶¶7

Case details

As recorded by the court registry

Court: Andhra Pradesh HC
Decided on: 1 Apr 2025 · April
Registered: 23 Jan 2025
Case no.: CRLP/716/2025
CNR: APHC010033152025
Topic: Narcotics (NDPS)
Bench: T Mallikarjuna Rao
Disposal: DISMISSED NO COSTS
Case type: Criminal Petition

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Cite this judgement

Kanteri Bijay v. the State of Andhra Pradesh, CRLP/716/2025 (AP), decided on 1 April 2025.

The High Court of Andhra Pradesh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

BNSS480, 483
BNS111(2)(b), 111(4)
NDPS Act8(c) read with 20(b)(ii)(C) · 37

View all statutes

Procedural history4

Registration of Crime No. 137 of 2024 of Yetapaka Police Station against the petitioner (A1) and others for offences punishable under Sections 111(2)(b) and 111(4) of the BNS and Section 8(c) read with 20(b)(ii)(C) of the NDPS Act.
Raid on 12.11.2024 at Bojjaguppa Centre, Yetapaka: A1 and A3 to A6 caught in possession and transportation of 100 kg ganja allegedly supplied by A1 and A2 packed in 5 white plastic bags carried in two cars; contraband seized under mediators' report.

View full history

Bench / Coram

T. Mallikarjuna Rao

Parties & counsel