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High Court of Andhra Pradesh · body

2025 DAILYLAW 19960 (AP)

Tappa Naser Rasool, v. The State of Andra Pradesh,

CRLP/5776/2025 · 2025-06-11

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I . \\ b -_s lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY,-'THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: `.. _ THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL PETITION NO: 5776 OF 2025 Between.- / 1. Tappa Naser Rasool, S/o. Tappa Nayab Rasool, Aged about 36 years, Occ: Driver, R/o. D. N: 24/173-B, Power House Road, Proddatur Town & MandaI, YSR Kadapa DI-Strl'Ct. 2. ShaikjamaI Basha, S/o. Late Gugudaa, Aged about 47 Years, Occ: Van cleaner, R/o D.No. 6/237-1, Arts college Road, Proddatur Town & MandaI,YSR Kadapa District. Petitioners/Accused No.3&4 AND jrf The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi, Through SHO, Proddatur I Town PS, Proddatur, YSR Kadapa. Respondent/Complainant EEEI Petition under section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the criminalpetition, the High Court may be pleased to enlarge/release the Petitioners herein/Accused No. 3 and 4 on bail pending enquiry and trI-aI I'n COnneCtl-On with Cr. No. 143 of 2025 dated 09-05-2025 registered on the file of Proddatur I Town Police Station, Kadapa District. The petI-lion coming On for hearing, upon PeruSI-ng the Petition and the grounds filed in support thereof and upon hearing the arguments of sri. v NITESH, Advocate for the petitioners and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: THE HONOURABLE SRI JUSTICE I.C.D. SEKHAR CRIMINAL PETITION NO:5776 of 2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking {o enlarge the petitioners/Accused Nos.3 and 4 on bail in Cr.No.143 of 2025 of Proddatur I Town Police Station, Proddatur, YSR Kadapa District, registered against the petitioners/Accused Nos.3 and 4 herein and others for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity fthe NDPS Act'). 2. The case of the prosecution, in a nutshell, is that on 09.05.2025 at ll.00 a.m., on informat'lon the Inspector of Police, Proddatur I-Town Police Station along w-lth his staff reached near newly constructed pillar of flyover bridge in Penna river, RTPP Road, Rameswaram, Proddatur town of Kadapa District and found Al to A4 in possession of dry ganja and on seeing the police, when they tried to run away, he caught them with the help of his staff and on questioning they confessed the offence and found 1500 grams of ganja in their possession and then on explaining grounds of arrest, he seized the ganja from them under cover of panchanama and later he arrested them and produced them before the court for remand. 3. Heard learned counsel for the petitioners/Accused Nos.3 and 4 and the learned Assistant Public Prosecutor. Perused the record. 4. Sri V.Nitesh, the learned counsel for the petitioners/Accused Nos.3 and 4 submits that the petitioners have not committed any offence; they were falsely implicated by the police in the crime; they are the sole breadwinners; they would abide by any conditions to be imposed by this Court; and urged to allow the pet'ltion. 5. Per cot,ira, Ms. K.Priyanka Lakshmi, the'Iearned Assistant Public Prosecutor, opposed in grantI'ng Of bail stating that some more ma{erI-al witnesses have to be examined; investigation is not completed; if the petitioners/Accused Nos.3 and 4 are enlarged on bail, they would not be available for the investl-gation and they would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioners/Accused Nos.3 and 4 have been in the J®udiCial Custody for the Past 33 days. The petitioners/Accused Nos.3 and 4 are resident of Proddatur Town & Mandal, YSR Kadapa District. lf the petitioners/Accused Nos.3 and \=--` . 4 are enlarged on bail with stringent conditions, they WOuld not flee away from the clutches of the law, and interest of the justice would be served. 7. Keeping in v-lew of the period of detention undergone by the pet'ltioners/Accused Nos.3 and 4 in judicial custody for more than 33 days, the nature and gravity of allegation levelled against the petitioners/Accuse®d Nos.3 and 4, and their alleged role in the Case, this court -IS inclined tO enlarge the Petitioners/Accused Nos.3 and 4 on bail with the following stringent conditions, 8. ln the result, the criminal Petition iS allowed with the follow-lng conditions: i. The petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand Only) each, with two sureties for the like sum each to the satisfaction -of the I-Additional Judicial First Class Magistrate, Proddatur. ii. The petitioners/Accused Nos.3 and 4 shall appear before the station House Officer, Proddatur I Town police station, proddatur, YSR Kadapa District, once in a month on every fourth Saturday in between 10:00 L= am and 05:00 pm, tI'II cognI-ZanCe iS taken by the learned the Trial Court. ill-. The petitioners/Accused Nos.3 and 4 shall not commit or I'ndulge in commission of amy offence I-n future- iv. The petitioners/Accused Nos.3 and 4 shall cooperate WI-th the investigating officer I-n further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. v. The petitioners/Accused Nos.3 and 4 shall not, directly or indirectly, make any inducement, threat or Promise tO any Person acquainted wI-th the'facts of the case so as to dissuade him/her from dI-SCIOSing Such facts to the court or to any police officer. sd/-SHAIK MOHD. RAFI ASSISTANl1\RE,GISTRAR //TRUE COPY// I CTION OFFICER Tol 1. The I AddI-tiOnal Judicial Magistrate of First CIass, Proddatur, Kadapa District. 2. The Superintendent, central JaI'l, Kadapa. 3. The Station House Officer, Proddatur I Town Police Station, Kadapa DjstrI'Ct. 4. One CC to SrI-. V NITESH, Advocate [opuc] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra pradesh, Amaravati. [OUT] 6. One spare copy JSS i * HIGH COURT TCDS, J DATED: 12/06/2025 BAIL ORDER CRLP.No.5776 of 2025 ALLOWED . g-£`.i.J1+a.i. +- .. . . A..