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2025 DAILYLAW 13390 (AP)

MD. ARSAD v. THE STATE OF ANDHRA PRADESH

CRLP/3382/2025 · 2025-04-04

T Mallikarjuna Rao

body2025

Judgment text

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c! gl lN THE HIGH COURT-OF ANDHRA PRADESH AT AMARAVATI + FRIDAY, THE FOURTH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3382 OF 2025 Betwee n : Md. Arsad, S/o Gulam Mustafa, Aged 23 years, R/o Kasha, Meherma, Godda District and Jharkhand State. ...Petitioner/Accused No.1 AND The State of A.P., Rep by its Public Prosecutor, Through the SHO, GRP, Visakhapatnam District, High Court ofAndhra Pradesh at Amravati. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS (old Sections 437 & 439 of cr.p.c), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No,1 on bail in FIR No.62 of 2025 of GRP Police Station, Visakhapatnam District on 18-02-2025. Counsel forthe Petit-loner : Sr-I Pangi Raju Babu counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER: [3369] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3382/2025 BinedTYAer:and ...PETITION ER,ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT counsel for the Petitioner/accused: 1. PANGI RAJU BABU counsel for the Respondent/COmPlainant: 1.PUBLIC PROSECUTOR The Court made the followin Order: This Cr®lminal Petition under Sections 480 and 483 of BNSS, has been filed by the petitioner here®ln/Al seeking regular bail in Crime No.62 of 2025 of Visakhapatnam Pol-Ice Stat'lon, registered for the offences punishable under sect'lons 20(b)(ii)(B) read with 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the Prosecution, in brief iS that On 18.02.2025, the ASl along with his staff while conduct-lng Checking Platforms at visakhapatnam Railway Station, found the accused in possess-Ion Of 3Kgs of Ganja. The contraband along with other material Was Seized under the cover of mediators report. r+gr-rf I 3. Learned coun`seJ for the pet,-tI'Oner contends that the petit,oner has been ,'n J'udjCial custody from 18.02.2025 and prays this court to grant bail to the petitl-oner herel-n. 4. on the other hand, learned AssI'Stant Publl'c prosecutor vehemently opposed the grant of ba" on the ground that l'nvestigation I'n the present crime I'S not yet completed. 5. Heard. perusedtherecord. 6. Learned counsel for the petl-tI.Oner submI'tted that the contraband alleged to be seI'Zed from the possessI-On Of accused I-S 3Kgs of ganJa, whl'ch I'S not of commercI'al quantity. lt I'S Submitted that the petI'tiOner had permanent abode and there I-S nO POSSibl'lI'ty Of hl's fleel'ng away from the justice. lt l's subml-tted by the learned counsel for the petl't,'oner that most of the wl-tnesses are shown to be official wl-tnesses and the release of the accused would not cause hampering of I-nvestigatl'on and tamperI-ng of wI-tnesses. It is submitted by the learned Assl'stant public prosecutor that the petI®tl-Oner herel'n has no prevI'OuS Crime record. 7. In vl-ew of the aforesaI-d facts and cl-rcumstances of the case, this court vI'eWS that most of the investigation might have been completed pertainl'ng to the role played by the petl'tl-oner l'n the commI-SS,'On of offence, any further detentI'On Of the petltloner IS not requl-red and hence, thl-s court is I-nclined to grant bat-I to the petl-tjoner herein. / _.. . I . E= 8. In the result, the criminal Petition iS allowed with the following conditions: i. The petitioner herein shall be released on bail on his executing a personal bond for Rs.10,OOO/-(Rupees ten thousand only) with one surety for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge-Gum-Special Judge for Trail of Offences under NDPS Act, Visakhapatnam. ii. on release, the petitioner Shall appear before the Station House officer concerned, once in a fortnight i.e., on lst and 15th of every month between 10.00 AM and 01.00 PM., for a period of two (2) months. iii. The petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. //TRUE COPY// SD/- K.SRINIVASA RAJU I ASSISTANT REFlsTRAR EE]raEEHREI For ASSISTANT REGISTRAR To, 1. The I Additional District & Session Judge-Gum-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District. 3. The S.H.O, GRP Police Station, Visakhapatnam. 4. One CC to SRl. PANGI RAJU BABU Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofAndhra Pradesh [OUT] 6. One spare copy CVSS rr •\ ` HIGH COURT TMR,J DATED : 04/04/2025 BAIL ORDER CRLP.No.3382 of 2025 ALLOWED \in^`\.. o` +i