Andhra Pradesh High Court – Amravati
Kadiyala Pavan Kumar vs The State Of Andhra Pradesh on 5 August, 2025
APHC010386662025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
TUESDAY,THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7878/2025
Between:
1. KADIYALA PAVAN KUMAR, S/O K. SUBBA RAO, AGED 25 YEARS,
R/O KADIYALAVANDLAPALLI VILLAGE, SAMBEPALLI MANDAL,
ANNAMAYYA (KADAPA) DISTRICT.
2. MOTHUPALLI SATISH CHANDRA, S/O RAMANJULU NAIDU, AGED
25 YEARS, R/O GUDIYAVANDLAPALLI VILLAGE, SAMBEPALLI
MANDAL, ANNAMAYYA (KADAPA)DISTRICT.
...PETITIONER/ACCUSED(S)
AND
THE STATE OF ANDHRA PRADESH, Station House Officer, Prohibition
and Excise Station, Kadapa, Rep by its Public Prosecutor, High Court of
Andhra Pradesh at Amaravathi.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
MATADA YUVASIVA SWAMY
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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Dr. YLR, J
Crl.P.No.7878 of 2025
Dated 05.08.2025
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 petitioners/Accused Nos.1 and 2 on
bail in Cr.No.48 of 2025 of Prohibition and Excise Station, Kadapa, Kadapa
District, registered against the petitioners/Accused Nos.1 and 2 herein for
the offences punishable under Section 8(c) read with 20 (b) (ii) (B) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the
NDPS Act‘).
2. The case of the prosecution is that on 05.07.2025, on receipt of
credible information, the Prohibition and Excise personnel, Kadapa, along
with their staff and mediators, reached the eastern side of FM Bakers &
Food Palace located on Utukur Circle to Rayachoty Bus Road and noticed
one person sitting on a two-wheeler and five others standing around him
with bags in their hands. On seeing the officials, the persons attempted to
run away. The Inspector of Police, along with his staff, apprehended five of
them, while one person dropped his bag and fled from the scene of
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Crl.P.No.7878 of 2025
Dated 05.08.2025
offence. The police seized 1.2 kgs of Ganja, five mobile phones, and a two-
wheeler, and arrested the accused under the cover of a mahazarnama.
3. Mr. M.Yuvasiva Swamy, the learned counsel for the petitioners
contends that the petitioners are innocent of the alleged offence and have
been falsely implicated by the police. It is further submitted that the petitioners
are the sole earning members of the family and, therefore, their continued
incarceration would cause undue hardship to their dependents. The
petitioners undertake to strictly adhere to any conditions that 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 petitioners, submitting that the
investigation is still underway and several material witnesses remain to be
examined. It is contended that if the petitioners are released on bail at this
stage, there is a strong likelihood that they may abscond, thereby hampering
the ongoing investigation and evading the process of law. In view of the
foregoing, it is urged that the petition be dismissed.
5. Heard the learned counsel for the petitioners and the learned Assistant
Public Prosecutor. Perused the record.
6. As seen from the record, the petitioners were found in possession of
320 and 200 Grams of ganja respectively. The Investigating Officer recovered
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Crl.P.No.7878 of 2025
Dated 05.08.2025
1.2 Kgs of Ganja in totally from the six (06) accused in this case. The
petitioners were arrested on 05.07.2025 and they have been in judicial
custody for the past 30 days.
7. Considering the period of detention undergone by the petitioners in
judicial custody for the past 30 days, the nature and gravity of allegations
levelled against the petitioners, and their alleged role played in this case, this
Court is inclined to enlarge the petitioners on bail with the following stringent
conditions:
i. The petitioners/Accused Nos.1 and 2 shall be enlarged on
bail subject to they executing a personal bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only), each with two sureties
each for the like sum each to the satisfaction of the learned
Special Judicial Magistrate for Prohibition and Excise Offences,
Kadapa, Kadapa District.
ii. The petitioners/Accused Nos.1 and 2 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 petitioners/Accused Nos.1 and 2 shall not leave the
limits of the District without prior permission from the Station
House Officer concerned.
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Crl.P.No.7878 of 2025
Dated 05.08.2025iv. The petitioners/Accused Nos.1 and 2 shall not commit or
indulge in commission of any offence in future.
v. The petitioners/Accused Nos.1 and 2 shall cooperate with the
investigating officer in further investigation of the case and shall
make themselves available for interrogation by the investigating
officer as and when required.
vi. The petitioners/Accused Nos.1 and 2 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 petitioners/Accused Nos.1 and 2 shall surrender their
passports, if any, to the investigating officer. If they claim that
they do not have passports, they shall submit an affidavit to that
effect to the Investigating Officer.
8. Accordingly, the Criminal Petition is allowed.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 05.08.2025
RSI
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Dr. YLR, J
Crl.P.No.7878 of 2025
Dated 05.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7878 of 2025
Date: 05.08.2025
RSI