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2025 DAILYLAW 20849 (AP)

GANESH RAJARAM PAGAR v. THE STATE OF ANDHRA PRADESH

CRLP/6017/2025 · 2025-07-02

K Sreenivasa Reddy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6017 OF 2025 Betwee n : 1. Ganesh Rajaram Pagar, S/o. Rajaram, Age about 34 Years, R/o.Annabhau Sathe Nagar, Devlali Gaon, Nashik Road, Nashik, Maharashtra State, Cell No.7796440109, Aadhar 9168 35501769. 2. Shamim Habib Shaikh, S/o. Abhib Umar Shaik, aged about 29 Years, Devlali Gaon, Mashik Road, Nashik, Maharashtra State, Aadhar No. 6483 95191680- 3. Madhukar Kary, S/o. Rajaram Kary, Age about 35 years, R/o. Nashik road, Nashik, Maharashtra State. 4. Ajay Shyam Shinde, S/o. Shyam Age about 28 Years, R/o. DhobayvaIIi Hyragaran, Jyothi Nagar, Near Water tank, Maharashtra State, Aadhar 9752 5064 5839. 5. Mangesh Sopan Shatpute, S/o. Sopam, Aged about. 33 years, R/o, Old Nash.ik, DwarakaJopal Patty, Maharashtra State, Aadhar 7845 0354 7459- `'ng\'=re±± 2\'#L- / // E=- 6. Rupesh Balu Gaikwad, S/o. Balu, Aged about. 25 years, R/o. /I Gulabwadi, Maldhaka*Road, Nashik Road, Nashik, Maharashtra State, Aadhar No. 6385 .7895 5321. ...Petitioner/Accused-1 to A6 AND The State of Andhra Pradesh, Rep. by its Ptlblic Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS (old Section 437 and 439 of cr.p.c.) is filed praying that in the circumstanc;s stated in the memorandum of grounds f'lled in support of the Cr-lminaI Petition, the High court may be pleased to release the petitioners/Al to A6 on Bail in connection with crime No.65 of 2025 of ll Town Police Station, Visakhapatnam City, Dated 22-03-2025, under-20(b)(ii)(c) r/w 8(c) NDPS Act 1985. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI KAKUMANU JOJI AMRUTHA RAJU Advocate for the petitioners, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following ORDER: -.a . `r-._ _.-2 .1-_(`` APHCO10294492025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6017/2025 Betwee n : 1.GANESH RAJARAM PAGAR, S/O.. RAJARAM, YEARS, R/O.ANNABHAU SATHE NAGAR, NASHIK ROAD, NASHIK, MAHARASHTRA NO.7796440109. RADHAR 9168 35501769. [3327] AGE ABOUT 34 DEVLALI GAON, STATE. CELL 2.SHAMIM HABIB SHAIKHu S/O. ABHIB UMAR SHAIK, AGED ABOUT 29 YEARS, DEVLALI GAON, MASHIK ROAD, NASHIK, MAHARASHTRA STATE. AADHAR NO. 6483 95191680. 3..MADHUKAR KARYH S/O. RAJARAM KARY, AGE ABOUT. 35 YEARS, R/O. NASHIK ROAD, NASHIK, MAHARASHTRA STATE. 4. .AJAY SHYAM SHINDEu S/O. SHYAM AGE ABOUT 28 YEARS, R/O. DHOBAYVALLI HYRAGARAN,- JYOTHI NAGAR, NEAR WATER TANK, MAHARASHTRA STATE. AADHAR 9752 5064 5839. 5..MANGESH SOPAN SHATPUTEH S/O. SOPAM, AGED ABOUT. 33 yEARSH R/O. OLD NASHIK, DWARAKAjOPAL PATTY, MAHARASHTRA STATE. AADHAR 7845 0354 7459, 6.RUPESH BALU GAIKWADw S/O. BALU, AGED ABOUT. 25 YEARS, R/O. GULABWADI, MALDHAKA ROAD, NASHIK ROAD, NASHIK, MAHARASHTRA STATE. RADHAR NO. 6385 7895 5321 H.PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. ...RESPONDENT/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 Peti'tion., the High Court pleased to release the petitioners/Al to A6 on Bail in connection with Crime No.65 of 2025 of ll Town Police Station, Visakhapatnam City, Dated 22-03- 2025, under-20(b)(ii)(c) r/w 8(c) NDPS Act 1985 and pass 2 counsel for the petitioner/accused(s): 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSE`CUTOR The Court made the following: ORDER: ThI-S CrI-mjnal Petition, under sectI'OnS 480 and 483 of the Bharatiya Nagarik Suraks<ha sanhita, 2023, has been filed by the petitioners/Al to A6, seeking bail, ]'n Crime No.65/2025 of " Town Police Station, visakhapatnam Commissionera{e. 2. A case has been registered against the petitioners and another for the offence under sectI-OnS 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic substances Act. 3. Case of the prosecution, in brief, Its that, on 22.3.2025 at about ll.00am, on receI-Pt Of CredI-ble information regarding illegal possession and transportation of ganja, the s.I of Police, along with staff and mediators, rushed to Bhupesh Nagar, Bowdara road, vI'SakhaPatnam and found six persons in suspicious cI'rCumStanCeS. On seeing police, said six persons tried to escape. Then police apprehended them and on enquiry, they disclosed their identity particulars as that of Al to A6 and police found 31.5kgs of ganja in their possession. police seized the contraband, arrested the accused and got them remanded to judicial custody on 22.3.2025. 4. Heard learned counsel forthe petitI-OnerS and learned Assistant Public Prosecutor representing respondent-state. perused the record. 3 5. Learned AssI-Slant-Public Prosecutor submits that major part of investigation is completed except filing of charge sheet and prays to dismiss the Cr]-mI'nal Petition. 6. A perusal of the material available on record goes to show that the contraband allegedly seized is 31.5 kgs of ganja and the petitioners/accused are in judicial custody since 22.3.2025 i,e. for more than three months. Learned Assistant public Prosecutor submitted that JTlajOr portion Of I'nVeStigatiOn iS completed except filing of charge sheet. 7. In view of the aforesal-d facts and cI-rCumStanCeS Of the Case, this court is inclined to grant bail to the petitioners herein, on the followI-ng conditions. (I') The petI®tI-OnerS/Al to A6 herein shall be released on their executing a personal bond for Rs.10,000/-(Rupees ten thousand only) each with two sureties for a like sum each to the sail-sfaction of the learned I Addl'tional District and sessions Judge, Visakhapatnam; (ii) On release, the petitioners shall appear before the station House Officer concerned once I-n a Week i.e. on every Sunday between 10.00 a.m. and 05.00 p.m., till fill-ng Of Charge Sheet. 8. Accordl'ngly, the Criminal petition is allowed. //TRUE COPY// ForJ SD/-M.SRINIVAS ASSISTANZ£GISTRAR SECTION OFFICER To) 1. The Station House offI|Cer, II Town Police Station, vI-Sakhapatnam City. 2. The I AddjtjonaI District and sessions Judge-Gum-special for Tr[-al of Offences under NDPS Act, Visakhapatnam. 3. The Superintendent, central prison, vI|Sakhapatnam. !i 54 TO;: CcCc:otoSR:luB:lKcUpMRAoNsUEJcOuJio?:,RHUI:hHAc:uArfJUo'fAAdnVdOhCraatep[rOa:eUsCh] [OUT] 6. One spare copy KN HIGH COURT SRK,J DATED : 03/07/2025 ORDER CRLP.No.6017 of 2025 ALLOWED 'h`Tian:i