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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y. LAKSHMANA RAO
Laxman N. Bandari S/o Narshaiya Bandari – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. 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 Nos.1 and 2/Accused Nos.1 & 2 on bail in Cr.No.176 of 2025 of Government Railway Police Station, Visakhapatnam, registered against the petitioner Nos.1 and 2/Accused Nos.1 & 2 herein for the offences punishable under Section 8(c) read with 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
2. The case of the prosecution is that on 16.05.2025 at 12.05 hours, while the Government Railway Police conducting general check in Visakhapatnam Railway Station, on suspicious circumstances, the petitioners were apprehended while they were in possession of ganja. The police seized 19.5 Kgs of ganja in three packets from the 1st petitioner and 13 Kgs of ganja in two packets from the 2nd petitioner under the cover of a mediatornama and registered an FIR. During the investigation, the accused were apprehended and remanded to judicial custody on 16.05.2025.
Bail cannot be granted under the NDPS Act if the possession of a commercial quantity and evidence of conspiracy are established against the accused.
The court emphasized the importance of awaiting the FSL report to determine if the seized substance falls within the NDPS act definition and highlighted the societal menace of selling ganja in public....
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