Mori Ganesh vs The State Of Andhra Pradesh on 30 March, 2026

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    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
                                            2
    
    
         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

    SPONSORED

    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



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