IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI^^^^^-^^ THURSDAY, THE EIGHTH DAY OF MAY, " TWO THOUSAND AND TWENTY FIVE iPRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO % CRIMINAL PETITION NO: 4905 OF 2025 Between: Khayamkhani Sameer All Khan, S/o Mustafa Khan, 33 years, 0/ Muslim, MIG- 1-5/1, H.B Colony, Bhavanipuram Proprietor of M/s. THE CAFFEINE SHOP, Ground Floor, D. No. 40-6-1, Raj Residency, Fortune Murali Park Road, Siddhartha Nagar, Vijayawada. ... Petitioner/Accused AND The State of Andhra Pradesh, Rep. by the Station House Officer, Machavaram Police Station, Rep. through Public Prosecutor, High Court of Andhra Pradesh. At Amaravati ...Respondent 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 enlarge the Petitioner/Accused on bail in connection with Crime. No. 115 of 2025 of Machavaram Police Station, Vijayawada for offences punishable under Sections 123, 276 and 277 of BNS. Counsel for the Petitioner Counsel for the Respondent : Assistant Public Prosecutor. : Sri K Sai Mohan Rao The Court made the following ORDER: APHC010234042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO HRIMINAL PETITION NO: 4905/2025 [3369] Between; Khayamkhani Sameer All Khan, ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.KSA1 MOHAN RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused , seeking Crime No.115/2025 of Machavaram Police Station, Vijayawada City. A case has been registered against the petitioner for the offence bail, in 2. punishable u/Sec.123, 276, 277 of B.N.S. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. Case of the prosecution, in brief, is that, this is a case of adulteration and selling of unwholesome drugs that occurred on 26.3.2025 at 3. 4. of drug 1 2 M/s.The Caffeine Shop at D.No.40-6-1 Fortune Murali Park accused is . ground floor, Raj Residency nagar, Vijayawada wherein purchasing drugs from various online websites which are being used for anabolic activity and drugs manufacture details, batch and road, Siddhartha the across India, the purposes such as body mass enhancement, are with lacked essential information like MRP, numbers, manufacturing dates etc. prescription and and selling supervision of qualified marketing illegally without medical practitioner is harmful to the Drugs & Cosmetics Act, possession of accused, and during the course ofi consumers and thereby violated 1940 and 45 drug varieties the were seized from the case was registered was arrested on 27.3.2025. Basing on the complaint, this investigation, accused 5. Heard. Perused the Learned record. 6. counsel for the petitioner contend that the petitioner and the reading of the has been in judicial custody from 27.3.2025 indicates that the complaint petitioner has been supplying more boosters without as such the case has to be any registered under the medical prescription and Drugs and Cosmetics Act Drugs Inspector and following due authorities and 1940 for which complaint has provided complaint has to be to be submitted by followed. But without procedure, the complaint was registered by the police prays to enlarge the petitioner on bail. Learned Assistant Public 7. Prosecutor opposes to grant bail some more witnesses on the ground that investigation is not completed and be examined and have are to to record their statements. 3 8. Without expressing any opinion on the contentions raised by the learned counsel for the petitioner, as the petitioner said to be in remand from 27.3.2025, this Court found that most of the investigation pertaining to the role of the petitioner in the commission of the offence might have completed by this time and as the case against the accused, investigation authorities have already completed major part of investigation, this Court found that further detention of the petitioner is no longer required. Since most of the witnesses are official witnesses, the release of the accused would not cause hampering of investigation and tampering of evidence. In view of the same, this Court is inclined to allow the criminal petition. In the result, the Criminal Petition is allowed with the following % 10. conditions: (i) The petitioner/accused herein shall be released on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional Chief Judicial Magistrate, Vijayawada: (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a fortnight in between 10.00 am and 1.00 pm for a period of two (02) months; (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. I //TRUE COPY// For ASSISI Ai>i I N To, T The I Additional 2- The Superintendent 3. The Station House City. 4- One CC to Sri K Sai 5. Two CCS to Public [OUT] 6. One spare Chief Judicial Magistrate ’ ^®'^t''al Prison, Nellore. Officer, Machavaram Police Vijayawada. Station, Vijayawada ' ''^ohan Rao, Advocate fOPUCJ Prosecutor (AP, High Court Of Andhra Pradesh copy cvss f high court TMR,J DATED:08/05/2025 BAIL ORDER CRLP.No.4905 of 2025 ALLOWED