R`` a IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF APRIL, TWC) THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3757 OF 2025 Between : 1. Shaik Abid Bhasha, S/o. Shaik Madan/ali, aged about 27 years, R/o. Chagallu Village, UIavapadu Mandal, SPS Nellore District, presently resid-lng at lslampeta, Mecca Masjid backside, Ongo]e Town, Prakasam District, A.P. 2. Shaik Aasif Bhasha, S/o. Shaik Meeravali, aged about 20 years, R/o. Nadigeddapalem Village, Tsundur Mandal, Guntur District, presently residing at lslampeta, Mecca Masjid backside, Ongole Town, Prakasam District, A.P. 3. Kammidi Arun Kumar, S/o. Prem Kumar, aged about 19 years, R/o. Dumbriguda Village, Pothangi Panchayat, Dumbriguda Mandal, Al[uri Sitharama Raju District. ...Petitioners/Accused No.1 to 3 AND The State of Andhra Rpadesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ..Respondent Petition under Section 437 &+ 439 of Cr.P.C and Section 480 & 483 of BNSS, 2023 is filled praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may abe pleased to enlarge the Petitioners/Accused Nos.1 to 3 on bail pending disposal of Crime No.27/2025 of V. Madugula P.S., now Anakapalli District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Adapa Sudhakar Rao, Advocate for the Petitioners and Public Prosecutor for the Respondent; _2 `- APHCO10174702025 J/ lN THE HIGH COURT OF AN'DHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL - TWO THOUSAND AND TwiENTY FIVE [3369] PRESENT THE HONOURABLE SRI -JUSTICE I MALLIKARJUNA RAO I CRIMINAL PETITION NO: 3757/2025 Between : Shaik Abid Bhasha and Others The State Of Andhra Rpadesh ".PETITIONER/ACCUSED(S) AND M.RESPONDENT/COMPLAINANT Counsel for the Petit'loner/accused(S): 1.ADAPA SUDHAKAR RAO counsel for the Respondent/complainant|| 1.PUBLIC PROSECUTOR The Court made the fo][owing: ORDER: This Criminal Petition u/See.48O and 483 of B.N.S.S. has been filed by the petitioners/Al to A3 seeking regular bail in Cr.No.27/2025 of V.Madugu]a Police Statioh, Anakapalli District. 2. The above said crime was registered against the -petitioners and others for the offence' punishable u/see.20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psycho{ropic Substances Act, 1985 (for short. lthe NDPS ActJ). 3. The case of the prosecution is as follows: On 09.3.2025 at 15.00 hours, on receipt of credible information about illegal possession and transportation of ganJ'a, the Sub Inspector of *± ../ / I police, along with his -'staff and mediators rushed to outskirts of Veeranarayanam vI'llage and they found three persons with a bag walking towards Veeravalli Agraharam V,|llage and on seeing police, they tried {o escape from that place. Then police apprehended them and on enquiry, the sa]'d two persons disclosed their identity particulars as that of Al to A3 and police found 2 kgs of ganja in their'possession. Then police arrested the accused, seized the contraband and sent the accused to court for judicial remand. 4. Learned counsel for the petitioners contended that even according to the case of the prosecution, the petitioners were arrested when they were found in possession of 2 kgs of ganja, which is a non-commercial quantity and the petitioners are languishing in jail from o9.3.2025 and Prays tO allow the Criminal petition. 5. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail to the petitioners but fairly conceded that the contraband seized is below commercial quantity. He further submitted that the petitioners have no previous antecedents. 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 only 2 kgs which is not commercial quantity. The petitioners are in judicial custody from 09.3.2025 and Al and A2 are permanent residents of ongole and A3 is permanent resident of Dumbriguda VIllage, Pothangi PanChayat. As the JJ. contraband seized is not of 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 accused would not cause hampering of investigation. As most Of the investigation might have been completed and the petitioners had permanent abode and there is no possibility of their fleeing away from justice, as such, this court is inclined to grant ba" to the petit',oners. ll. ln the result, the Criminal Petition iS allowed With the fOllOWinlg conditionS'. i. The petltlO.hers,Al l|, nU UV._.._ _ executing a personal bond for Rs.10,000/-(Rupees ten thousand Only) each with two (o2) sureties for a like Sum each tO the Satisfaction of the learned 1 Additional District & Sessions Judge -Special Judge for Trial Of offences under NDPS Act, VisakhaPatnam', ii) After release, the Petitioners Sha" attend before the Station House Officer COnCerned Once in a fortnight between 10.00 am tO 01.00 :=u+-o= a-:`:Tl-Od Of three (03) mOnt+S,-?=€ ll%) \hG=\tUtuh=l i=il=l-o==r= are dlTeCte+ not _t=_ha^m_PAeTntt+=+\\nnnVe=r=stlg=%l=: and tamper with the prosecution witnesses and petitioners sha" cooperate with the investigation. petitioners/Al to A3 herein Sha" be released On ba" On their lL_.,^^nrl ^nl\/\ A ss,s-7'ri ff `` -` SDI- is` Ll`:I For A\SS\ST^" \ , _ /ITRUE COPY// _\ To, 1. The I Addl District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, V'lsakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, V.Madugala Police Station. 4. One 6c to sri. Adapa Sudhakar Rao, Advocate [OPUC] 5. Two CCs-to Public Prosecutor, High Court of AP [OUT] 6. One spare copy MM .{jat- HIGH COURT TMR,J DATED:21 /04/2025 ORDER CRLP.No.3757 of 2025 ALLOWED I--I, _+. . . `S*-. i |+\