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2025 DAILYLAW 17631 (AP)

MOHEMMED NIZAR v. THE STATE OF ANDHRA PRADESH

CRLP/5093/2025 · 2025-07-21

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

..I /, I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARA TUESDAY ,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5093 OF 2025 Betwee n : AND [3327] Mohemmed Nizar, s/o Hamze 20 Yrs, Paddayooru House Puttur Taluk, Padnoor Post Puttur Sub-Distirict dakshina Kannada District, Petl-tioner/Accused A-3 The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. Respondent/Complainant Petition under section 480 & 483 of Cr.P.C is filed praying that in the circumstances stated in the affidavit filed jn support of the criminal Petition, the High Court may be pleased to release the petition 174/2024 Kothakota police station. on bail Ion on Cr. No The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri KOPPISETTI PARVATI DEVI Advocate for the PetI'tI'Oner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. APHCO10241652025 E]H E] EiliEH lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5093/2025 Between : 1.MOHEMMED NIZAR, S/O HAMZE 20 YRS, PADDAYOORU HOUSE PUTTUR TALUK, PADNOOR POST PUTTUR SUB- DISTIRICT DAKSHINA KANNADA DISTRICT, ...PETITIONER/ACCUSED .AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. .HRESPONDENT/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 release the petI'{iOnerS On bail in On Cr. No 174/2024 Kothakota police station Visakhapatnam U/s 8(a) r/w 20(b) (ii) (C) NDPS ACT 1985 and pass Counsel for the Petitioner/accused: 1. KOPPISETTI PARVATI DEVI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the --i 2 petitioner/A3, seeking bail in crime No.174/2024 of Kothakota police StatI'On, Anakapalle DI-Strl®Ct. 2. A case has been registered agaI'nSt the petl-tioner and others for the offences under sections 20(b)(]i)(C), 25 r/w 8(c) of the Narcotic Drugs and psychotropic substances Act. 3. Case of the prosecutI'On, in brief, l's that on o9.12.2024, on credible information regarding illegal possession and transportation of ganja, the S.I of PoII'Ce, along wI|th Staff and medI'atOrS, rushed tO near GatreddiJs threshing floor, on the road of Kalyanapulova Village to DondapudI' forest Check Post, Ravikamatham Mandal and started conductI'ng VehI'Cle Checking. They noticed a white colour car I'.e. Maruti swift LXI car bearing registration no.KA 19 MJ 5816 and on seeing POIice, the inmates in the car stopped the car at some distance and tried to escape. Then police apprehended them and on enquiry, they dI'SCIOSed their identity particulars as that of Al to A4 and police found 110 kgs of ganja in their possession. The contraband, along with other material, was seized under the cover of mediators report and the accused were arrested on the same day i.e. on o9.12.2024. 4. Heard. Perused the record. 5. There is no representatI'On On behalfofthe respondent-state. 6. A perusal of the material on record goes to show that the petit]-oner was arrested on o9.12.2024 and since then he is languishing 3 in jail i.e. for more than 180 days as on today. Police have not completed the investigation and not filed the charge she,et. As such, this Court is inclined to consider the request of the petitioner for grant of bail, however, on certain conditions. 7. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner herein, on the following conditions, (i) The petitioner/A3 herein shall be released on his executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Chodavaram; (iI-) On release, the petitioner shall appear before the station House Officer concerned once in a week i.e. on every sunday between 10.00 a.m. and 05.00 p.m., till filing of charge sheet. 8. Accordingly, the Criminal Petition is allowed. SD/-N.NAGAMMA //TRUE COPY// AS SISTA#6 i€fnR.AR For I SECTloN OFFICER To, 1. The Pr'lncipal Junior Civil Judge Gum Judicial Magistrate of First class i+ at Chodavaram. 2. The Superintendent, Central Prison, Rajahmundry. 3. The Station House Officer, Kothakota police station, Anakapalli District. 4. One CC to SRl. KOPPISETTI PARVATI DEVI Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) Hiah Court ofA.P., Amaravati HIGH COURT SRK,J DATED : 22/07/2025 BAIL ORDER CRLP.No.5093 of 2025 ALLOWED ELj \