Andhra Pradesh High Court – Amravati
Nemalikanta Ravi Chandra, vs The State Of Andhra Pradesh on 12 June, 2025
THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR
CRIMINAL PETITION NO:5808 of 2025
ORDER:
The Criminal Petition has been filed under Sections 480 and
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity
‘the BNSS’), seeking to enlarge the petitioner/Accused No.1 on bail
in Crime No.27 of 2025 of Araku Valley Police Station, Alluri
Sitharama Raju District, registered against the petitioner/Accused
No.1 herein and others for the offence punishable under Section
8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for brevity ‘the NDPS Act‘).
2. The case of the prosecution, in a nutshell, is that on
01.05.2025, the Sub-Inspector of Police, along with staff and
mediators, was conducting vehicle checks at Railway Station
Junction, Araku Valley. On seeing the Police, two persons coming
on a motor cycle tried to escape. The SI of Police with the
assistance of her staff apprehended two accused and found 10 Kgs
of ganja in the vehicle. A case was then registered against the
accused.
3. Heard learned counsel for the petitioner/Accused No.1 and
the learned Assistant Public Prosecutor. Perused the record.
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4. Smt. Kolli Usha Kiranmayee, the learned counsel for the
petitioner/Accused No.1 submits that the petitioner/Accused No.1
has not committed any offence; he was falsely implicated by the
police in the crime; he is the sole breadwinner; he would abide by
any conditions to be imposed by this Court; and urged to allow the
petition.
5. Per contra, Ms. K.Priyanka Lakshmi, the learned Assistant
Public Prosecutor, opposed in granting of bail stating that some
more material witnesses have to be examined; investigation is not
completed; if the petitioner/Accused No.1 is enlarged on bail, he
would not be available for the investigation and he would escape
from the clutches of law; and urged to dismiss the bail petition.
6. As seen from the record, the petitioner/Accused No.1 has
been in the judicial custody from 01.05.2025. The petitioner/
Accused No.1 is resident of Ongole, Prakasam District. If the
petitioner/Accused No.1 is enlarged on bail with stringent conditions,
he would not flee away from the clutches of the law, and interest of
the justice would be served.
7. Keeping in view of the period of detention undergone by the
petitioner/Accused No.1 in judicial custody, the nature and gravity of
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allegation levelled against the petitioner/Accused No.1, and his
alleged role in the case, this Court is inclined to enlarge the
petitioner/Accused No.1 on bail with the following stringent
conditions.
8. In the result, the Criminal Petition is allowed with the following
conditions:
i. The petitioner/Accused No.1 shall be enlarged on
bail subject to executing a bond for a sum of
Rs.20,000/- (Rupees twenty thousand only), with two
(02) sureties for a like sum each to the satisfaction of
the learned I Additional District and Sessions Judge –
Special Judge for Trial of Offences under NDPS Act,
Visakhapatnam.
ii. The petitioner/Accused No.1 shall appear before the
Station House Officer, Araku Valley Police Station,
Alluri Sitharama Raju District, once in a month on
every fourth Saturday in between 10:00 am and 05:00
pm, till cognizance is taken by the learned the Trial
Court.
iii. The petitioner/Accused No.1 shall not commit or
indulge in commission of any offence in future.
iv. The petitioner/Accused No.1 shall cooperate
with the investigating officer in further investigation of
the case and shall make himself available for
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interrogation by the investigating officer as and when
required.
v. The petitioner/Accused No.1 shall not, directly or
indirectly, make any inducement, threat or promise to
any person acquainted with the facts of the case so as
to dissuade him/her from disclosing such facts to the
court or to any police officer.
_________________________
JUSTICE T.C.D. SEKHAR
Date: 12.06.2025.
PSA
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THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR
Criminal Petition No.5808 of 2025
Date:12.06.2025
PSA
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