Andhra Pradesh High Court – Amravati
Mori Ganesh vs The State Of Andhra Pradesh on 30 March, 2026
APHC010154032026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
MONDAY,THE THIRTIETH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2346/2026
Between:
1. MORI GANESH, S/O. RAMBABU, AGED ABOUT 30 YEARS, R/O. D.
NO.7-34, POOTHIKAMETTA VILLAGE,TAMMINGALA POST,
CHINTHAPALLI MANDAL,ALLURI SITHARAMA RAJU DISTRICT, A.P.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC
PROSECUTOR,HIGH COURT OF ANDHRA PRADESH.
...RESPONDENT/COMPLAINANT
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
praying that in the circumstances stated in the Memorandum of Grounds of
Criminal Petition, the High Court pleased to enlarge the Petitioner/Accused
No.2 on bail pending disposal of Crime No.544/2024 of Gajuwaka P.S.,
Visakhapatnam District and to pass
Counsel for the Petitioner/accused:
1. KOLLI USHA KIRANMAYEE
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2346/2026
ORDER:
This Criminal Petition, under Sections 480 and 483 of the BNSS, has
been filed by the Petitioner herein/Accused No.2, seeking regular bail, in
Crime No.544/2024 of Gajuwaka P.S., Visakhapatnam District, registered for
the offences punishable under Sections 20(b) r/w 25, 8(C) of Narcotic Drugs
and Psychotropic Substances Act (for short “NDPS Act“).
2. The case of the prosecution in brief, is that, on 04.10.2024, on reliable
information about the illegal possession and transportation of ganja, the police
while conducting vehicle checking, found a car with 950 grams of Hash Oil,
while the accused escaped from the scene of offence and the contraband was
seized under the cover of the mediators’ report. During the course of
investigation, the accused were arrested.
3. Heard Sri G.Maheswara Rao, learned counsel representing Ms. Kolli
Usha Kiranmayee, learned counsel learned counsel for the petitioner/accused
No.2 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor
representing on behalf of the State.
4. Learned counsel for the petitioner would submit that the petitioner
herein is arrayed as Accused No.2, who has been falsely implicated in this
crime and that he is in no way connected with the commission of the offence.
The Petitioner has been in judicial custody since 29.01.2026. The contraband
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involved in the present crime is 950 grams of Hash Oil, which is a non-
commercial quantity. No contraband was seized from the possession of the
petitioner. It is further submitted that the statutory period is over and no report
has been filed before the Trial Court till date. Learned counsel further submits
that the petitioner undertakes to strictly adhere to any conditions that may be
imposed by this Hon’ble Court.
5. Learned Assistant Public Prosecutor on behalf of the State vehemently
opposed the petition and contended that the investigation is still pending and
the contraband involved in the present case is 950 grams of Hash Oil. She
would further submit that no report was filed before the learned Court below
by the learned Public Prosecutor concerned seeking for extension period of
judicial custody of the petitioner by indicating the progress of investigation and
the specific reasons for the detention of the accused beyond the initial period.
6. Considering the submissions and upon keen perusal of the material
placed on record and in the light of the facts and circumstances of the case,
that the petitioner is in judicial custody since 29.01.2026, the fact that the
contraband involved in the present crime is only 950 grams of Hash Oil, that
the statutory period is over and no report has been filed before the Court by
the prosecution, this Court is inclined to enlarge the petitioner/accused No.2
on bail with the following conditions;
i. The petitioner/accused No.2 shall execute a personal bond for a sum
of Rs. 20,000/- (Rupees Twenty Thousand only) each with two
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sureties for a like sum each, to the satisfaction of the learned III
Additional Chief Judicial Magistrate, Gajuwaka.
ii. The petitioner/accused No.2 shall appear before the Investigating
Officer as and when required and shall cooperate with further
investigation, if any.
iii. The petitioner/accused No.2 shall not directly or indirectly tamper with
evidence nor influence, intimidate, or induce any prosecution witness.
iv. The petitioner/accused No.2 shall appear before the Station House
Officer, concerned, once in a week i.e., on every Saturday between
10.00 a.m. and 5.00 p.m. till filing of charge sheet.
v. The petitioner/accused No.2 shall not commit or indulge in commission
of any offence in future.
vi. The petitioner/accused No.2 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 concerned Court.
7. In the event of violation of any of the above conditions, the prosecution
shall be at liberty to seek cancellation of bail.
8. It is also made clear that the observations made in this order are only for
the purpose of deciding the bail application and they shall not be construed as
opinion on the merits of the Crime.
9. Accordingly, this Criminal Petition is allowed.
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As a sequel thereto, the miscellaneous applications, if any, pending in
this Criminal Petition shall stand closed.
__________________________________________
DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 30.03.2026.
UPS
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2346/2026
Dt.30.03.2026
UPS