Andhra Pradesh High Court – Amravati
Arjala Dharan vs The State Of Andhra Pradesh on 11 August, 2025
APHC010364882025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
MONDAY,THE ELEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7659/2025
Between:
ARJALA DHARAN, S/O AMMORU LATE AGED 29 YEARS R/O D.NO.
36-99-185, RAMJI ESTATE, KANCHARAPALEM, VISAKHAPATNAM.
...PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High
Court of Judicature of Andhra Pradesh at Amaravati.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
KOPPISETTI PARVATI DEVI
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of
the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections
480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity
‘the BNSS’), seeking to enlarge the petitioner/Accused No.3 on bail in
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Crl.P.No.7659 of 2025
Dated: 11.08.2025
Cr.No.202 of 2025 of Kancharapalem Police Station, Visakhapatnam
Commissionerate, registered against the petitioner/Accused No.3 herein for
the offences punishable under Section 20 (b) (ii)(B) read with 8(c) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the
NDPS Act‘).
2. The case of the prosecution is that on 09.06.2025, on receipt of
credible information regarding the illegal possession and transportation of
ganja, the Sub-Inspector of Police, Kancharapalem Police Station, along
with his staff, secured the presence of mediators, rushed to ITI Junction,
Kancharapalem, to the place between Skoda and Hamza Showroom, and
started conducting vehicle checking. The police noticed one car coming
towards them, intercepted the car, and apprehended its occupants. During
interrogation, Accused Nos. 1 to 3 disclosed their identity particulars, and in
their possession the police seized 3 kgs of ganja under the cover of a
mediators’ report and arrested them.
3. Sri Kopisetti Parvathigi Devi, the learned counsel for the petitioner
contends that the petitioner is innocent of the alleged offence and has been
falsely implicated by the police. It is further submitted that his continued
incarceration would cause undue hardship to his dependents. It is further
submits that for the past 60 days the petitioner has been in the judicial
custody. The petitioner undertakes to strictly adhere to any conditions that
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Crl.P.No.7659 of 2025
Dated: 11.08.2025
may be imposed by this Court. In light of the foregoing, learned counsel prays
that the present petition be allowed in the interest of justice.
4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor
vehemently opposed the grant of bail to the petitioner, submitting that the
investigation is still underway and several material witnesses remain to be
examined. It is contended that if the petitioner is released on bail at this stage,
there is a strong likelihood that he may abscond, thereby hampering the
ongoing investigation and evading the process of law. The learned Assistant
Public Prosecutor further submits that there are altogether five adverse
antecedents against the petitioner, out of which one case is pertaining to
NDPS case in Cr.No.818 of 2020 of Pendurthy Police Station, the other four
offences are IPC offences; and the petitioner was arrested on the spot, and it
is urged to dismiss the petition.
5. Heard the learned counsel for the petitioner and the learned Assistant
Public Prosecutor. Perused the record.
6. As seen from the record, the petitioner is aged about 29 years and has
a fixed abode. He is a resident of Ramji Estate, Kancharapalem,
Visakhapatnam. The petitioner was arrested on 09.06.2025 and has been in
judicial custody for more than 60 days. The petitioner/Accused No.3 was
allegedly indulged in the transportation and possession of 3 kgs of ganja.
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Crl.P.No.7659 of 2025
Dated: 11.08.2025
Although it is a non-commercial quantity, the allegation against the petitioner
is that he is a seller of the contraband.
7. Considering the period of detention undergone by the
petitioner/Accused No.3 in judicial custody for the past 60 days, the nature
and gravity of allegation levelled against the petitioner, and his alleged role
played in the case, this Court is inclined to enlarge the petitioner on bail with
the following stringent conditions:
i. The petitioner/Accused No.3 shall be enlarged on bail
subject to he executing a personal bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only), with two sureties each for the like
sum each to the satisfaction of the learned VII Additional
Metropolitan Magistrate at Visakhapatnam.
ii. The petitioner/Accused No.3 shall appear before the
Station House Officer concerned on every 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.3 shall not leave the limits of the
District without prior permission from the Station House Officer
concerned.
iv. The petitioner/Accused No.3 shall not commit or indulge
in commission of any offence in future.
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Crl.P.No.7659 of 2025
Dated: 11.08.2025v. The petitioner/Accused No.3 shall cooperate with the
investigating officer in further investigation of the case and shall
make himself available for interrogation by the investigating
officer as and when required.
vi. The petitioner/Accused No.3 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.
vii. The petitioner/Accused No.3 shall surrender his passport, if
any, to the investigating officer. If he claims that he does not
have a passport, he shall submit an affidavit to that effect to the
Investigating Officer.
8. Accordingly, the Criminal Petition is allowed.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 11.08.2025
RSI
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Dr. YLR, J
Crl.P.No.7659 of 2025
Dated: 11.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7659 of 2025
Date: 11.08.2025
RSI