lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI // WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3274 OF 2025 Betwee n : 1. Mohammed Arshaf, S/o Abupaker, Aged about 29 years, Cab Driver, R/o D.No.115, Old back side, Thevaram Village, Uthempalayam, Theme District, Tamil Nadu State. 2. T. Ebarin, S/o Thanikasalam, Aged about 20 years, 2nd Year BCA Student, TGM Arts Science, Kadambakam, R/o D. No. 29, NadutheruStreet, VTC Vettavalam Village, Tl'ruvannamalai (T & District), Tamil Nadu State. Petitioner/Accused Nos. 1 & 2 AND The State of Andhra Pradesh, Rep by I'tS Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. Respondent Petition under Section 437 & 439 of Cr.P.C./ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the CriminalPetition, the High Court may be pleased to release the Petitioners / Accused No.1 & 2 on bail in connection with Crime No. 25 / 2025 dated: 16.02.2025 Under Sections 20 (b)(ii)(C) r/w 8(C) of NDPS Act,1985. on the file of Cheedikada'Police Station, Anakapalli District The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. K K KOMALAN Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent; The Court made the following: APHCO10153252025 I, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdict|IOn) WEDNESDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3274/2025 Between : Mohammed Arshaf and Others The State Of Andhra Pradesh AND ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.K K KOMALAN Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition u/Sec.480 and 483 of B.N.S.S. has been filed by the petitioners/Al and A2 seeking regular bail in Cr.No.25/2025 of Cheedikada police station, Anakapalle District. 2. The above said crime was registered aga'InSt the Petitioners and another for the offence punishable u/See.20(b)(ii)(C) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). 3. Thecase of the prosecution is as follOWS: On 16.02.2025 at 2.00 pm, on receipt of credible information about illegal possession and transportation Of ganja, the S.I of police, along with A/,. ¢zzz/ `-_- + staff and mediators conducted vehicle checking at the outskirts of Appalarajupuram village, Cheedikada Mandal and found two persons in suspicious circumstances with two bags. On seeing police, said two persons tried to escape. . Then police apprehended them and on enquiry, they disclosed their identity particulars as that of Al and A2 and police found 20 kgs of ganja -ln their possession. Then police arrested Al and A2, seized the contraband and sent the accused tO Court for judicial remand. They confessed the involvement of other accused in this Crime. 4. Learned counsel forthe petitioners contended that even according tO the case of the prosecution, the petitioners were arrested when they were found in possession of 20 kgs of ganja which does not come under commercial quantity and the petitioners have been languishing in jail from 16.02.2025 and prays to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor confirms non-filing of charge sheet by the police and opposed for grant of bail to the petitioners. He further submitted that the petitioners belong tO Tamilnadu state and it may be difficult for the police to trace out the particulars Of the petitioners if they were released on bail. 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioners submitted that the COntraband alleged to be seized from the possession of accused is 20 kgs wh®lCh iS less than commercial quantity and greater than small quantity. The _A ha =E=EJ iE petitioners were in judicial custody from 16.02.2025 and they have permanent abode. As the contraband seized iS not commercial quantity, no reasons need to be recorded as contemplated under Section 37 of the NDPS Act. Most of the witnesses are Shown tO be Official Witnesses and the release of the Petitioners WOuld not Cause hampering Of investigation. As most of the investigation might have been completed and the petitioners have permanent abode and there is no possibility of their fleeing away from justice, as such, this Court is inclined to grant bail to the petitioners. 9. ln the result, the Criminal Petition iS allowed With the following conditions: i. The petitioners/Al and A2 herein shall be released on bail on their executing a personal bond for Rs.2O,000/- (Rupees twenty thousand only) each with two (o2) sureties for a like Sum each tO the Satisfaction Of the learned Additional Judicial First Class Magistrate, Chodavaram; ii) After release, the Petitioners Shall attend before the Station House officer concerned once in a fortnight between 10.00 am to 01.00 pm for a period of three (03) months; and iii) that the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. iv) the petitioners shall place their identity proof and residential particulars (temporary and permanent) before the Magistrate concerned. • \`-` sD/-Ao V!jA¥A -BABij® I ASS !STA-N GiSTRAR //TRUE COPY// SECT!OPg OFF§CEF3 To, S|gz 1. The Additional Judicial Magistrate Of First Class, Chodavaram, visakhapatnam District. ~/ ~4. The Superintendent, Central Prison, Visakhapatnam District. # The Station House Officer, Cheedikada Police Station, Anakapalli District. 4. One CC to Sri. K K KOMALAN, Advocate [OPUC] .,, 5. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra J #adesh [ouT] 6. One spare copy JSS - j \ HIGH COURT TMR, J DATED :02/04/2025 BAIL ORDER CRLP.No.3274 of 2O25 ALLOWED -..._-.