Andhra Pradesh High Court – Amravati
Padala Viswa Teja vs The State Of Andhra Pradesh on 11 August, 2025
APHC010373712025
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: 7782/2025
Between:
1. PADALA VISWA TEJA, S/O.SUDHAKAR, AGE 21 YEARS, C/KAPU,
R/O.RAVICHETTU CENTRE, HUKUMPETA,
RAJAMAHENDRAVARAM RURAL MANDAL.
2. UYYURI SUDHEER, S/O.SRINU, AGE 22 YEARS, C/PADMASALI,
R/O.RAVI CHETTU CENTRE, HUKUMPETA,
RAJAMAHENDRAVARAM RURAL MANDAL.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH, through the Station House
Officer, Bommuru P.S, Rajamahendravaram East Godavari District,
Represented by Public Prosecutor, High court of Andhra Pradesh
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
1. DUGGIRALA SUBASH
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
2 Dr.YLR, J
Crl.P.No.7782_2025
Date: 11.08.2025The 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 BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity
‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.3 & 5 on bail
in Cr.No.207 of 2025 of Bommuru Police Station, Rajamahendravaram,
registered against the petitioners/Accused Nos.3 & 5 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 19.06.2025 at about 11.00
A.M, at a vacant place behind Jana Chaitanya Arch, Hukumpeta
Panchayat, Rajamahednravaram Rural, the petitioners/Accused Nos.3 & 5
along with other accused were apprehended while they were in possession
of 4 Kgs of ganja in a polythene cover. The police seized 4 kgs of ganja
under the cover of a mediatornama and registered an FIR. During the
investigation, the accused were apprehended and remanded to judicial
custody on 19.06.2025.
3. Mr.Duggirala Subash, 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
permanent residents of Rajamahendravaram and undertake to strictly adhere
3 Dr.YLR, J
Crl.P.No.7782_2025
Date: 11.08.2025
to any conditions that may be imposed by this Court. Learned counsel further
submits that the petitioners were arrested on 19.06.2025 and they have been
in the judicial custody for allegedly indulged in 4 Kgs of ganja transportation
and possession and urged to enlarge the petitioners/Accused Nos.3 & 5 on
bail.
4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor
further submits that petitioner No.1/Accused No.3 was involved in two crimes
for the offences under Indian Penal Code. The petitioner No.2/ Accused No.4
is involved in one crime i.e. offence under ‘NDPS Act‘, and urged to dismiss
the bail application.
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 indulged in 4 Kgs of ganja
which is not a commercial quantity. The petitioners were arrested on
19.06.2025. They have been in the judicial custody for the past 53 days. The
remand report shows that petitioner No.1/Accused No.3 was indulged in two
crimes, but they are pertaining to ‘Indian Penal Code‘. The petitioner
No.2/Accused No.5 was indulged in one crime relating to NDPS offence in
Crime No.190 of 2024 of Prakashnagar Police Station. Until the guilt is
proved, the petitioners/ accused shall be presumed to be innocent.
4 Dr.YLR, J
Crl.P.No.7782_2025
Date: 11.08.2025
7. Considering the nature and gravity of the offence and their alleged role
played in the case, this Court is inclined to enlarge the petitioners on bail with
the following stringent conditions:
i. The petitioners/Accused Nos.3 & 5 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
for the like sum each to the satisfaction of the learned VI
Additional Judicial First Class Magistrate, Rajamahendravaram.
ii. The petitioners/Accused Nos.3 & 5 shall appear before the
Station House Officer, Bommuru Police Station,
Rajamahendravaram, 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.3 & 5 shall not leave the limits
of the District without prior permission from the Station House
Officer concerned.
iv. The petitioners/ Accused Nos.3 & 5 shall not commit or
indulge in commission of any offence in future.
v. The petitioners/ Accused Nos.3 & 5 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.
5 Dr.YLR, J
Crl.P.No.7782_2025
Date: 11.08.2025vi. The petitioners/ Accused Nos.3 & 5 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.3 & 5 shall surrender their
passport, if any, to the investigating officer. If they claim that they
do not have a passport, they shall submit an affidavit to that
effect to the Investigating Officer.
9. Accordingly, the Criminal Petition is allowed.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 11.08.2025
KA
6 Dr.YLR, J
Crl.P.No.7782_2025
Date: 11.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7782/2025
Date: 11.08.2025
KA