3. _ft ..€ -. --- -i -.- IN THE HIGH COURT OF' ANDHRA PRADESH AT AMARAVATl MONDAY, THE THIRTIETH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDD.Y -<''-`l:i+:`,:5~`; CRIMINALPETITIONNO:6137OF2025 / *'\- Between : Shaik Sajid @ S.Shajid, S/o. Late Bavaji, Aged 34 Years, R/o.Miniki Village, Ramasamudram'Mandal, Chittoor District. 2. Shaik Fayaz @ D.Fayaz-; Sfo. Khasim, Aged 39 years, D.No.28-83/14, R/o. Near current office, Kothapet, Punganur Mandal, Chittoor District. -+ i -{'; ...petitioners/Accused No|1 & 2 I,,. :i ,._..i AN D The State of Andhra Pradesh,'it6p by its Public Prosecutor, High Court of Alndhra pradesh A{ Amaravati.I ...Respondent/Complainant Petition under Section 480'-& 483 of BNSS, is filed praying that in the circumstances stated in the grouhds filed in support of the criminal Petition, the High Court may be pleased t`6{''release the petitioners/Accused No.1 & 2 on bail pending investigation,:''~ihtiuiry and trial in Crime No.174/2025 of patamata police Station, NTR Coin-inissionerate. The petition coming on fo'-r''`hear-lng, upon perusing the petition and the grounds fI'Ied in support thereof and upon hearing the arguments of Sri D.Purnachandra Reddy, Advocate for the Petitioners and of Public Prosecutor for Respondent, the Court made the following •.*' u£. € | = i .I / THE HONJBLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO.6137 0F 2025 ORDER : The Criminal Petition, under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioners/Accused Nos.1 and 2 to gr.ant bail in connection with Crime No.174 of 2025 `of Patamata Police Station, NTR Com missionerate| 2) A case has been registered against the petitioners and others for the offences punishable under sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985- 3) Brief facts of the case are that, on o4.04.2025 at 18.00 hours, on information about illegal transportation of Ganja, the informant/SI of Police, Patamata Police Station, along with his staff and mediators, went to NH-16, Opposite to Enikepadu Lorry Bay, Enikepadu, and while conducting vehicle checking, they found Al and A2 in possession of 80 KGs of Ganja transporting the same in Bolero Vehicle bearing No.MP 06 BA 0710. The accused persons Were arrested and remanded to judicial custody and the H -aE i.tfr t-`-> __ L±|'++---___- ~ \ contraband, along wI'th Other material, was seized under the cover of mediators report. 4) Heard. Perused the record. 5) Learned counsel for the petitioners relied upon the order passed by this court in criminal petition No.5306 of 2025 on the ground that police while weighing the contraband shall separate the leaves, flowers, nuts and stems from flowering tops. -without doing the said exercise, police are weighing the entire material and coming to conclusion that so much quantity has been seized, Going by the provision under section 52A(2) of the NDPS Act, it has been categorically mentioned that \`where any narcotic drugs, PSyChOtrOPiC Substances, COntrOIIed substances or conveyances has been seized and forwarded to the officer-in-charge of the nearest POliCe Station Or tO the Officer empowered under section 53, the officer referred to in sub-section (1) shall prepare an inventory of such narcotic drugs, psychotropic substances, controlled substances or conveyances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs, psychotropic substances, controlled substances or conveya`ncesJJ. 'The said r i ii2= ~ `<9 € -i-, exercise is mandatory and the same has to be followed by the police in accordance with law. On the contrary, the police are seizing the entire material and placing the same before the learned Magistrate for inventory. B:cause of the same, there would be difference in quantity while weighing the narcotic drug. This exercise, according to the learned COunSel for the petitioner, is not in accordance with law. In the present case on hand, the quantity of ganja allegedly seized from the possession of the petitioners is 80 KGs. Without going into the aforesaid aspect, at this stage, learned Assistant Public Prosecutor submitted that insofar as Accused No.1 is concerned, there are crimes registered against him in other states also. Insofar as the Accused No.2 is concerned, he is only Driver of the vehicle and there are no previous antecedents. Both the accused were arrested on 04.04.2025 and since then they are in J-udiCial remand] 6) In view of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Accused No.2, on the following conditions, /'' ./ I.I ZZi _ .¥ised \ 4 || (i) The petitioner No.2 sha" be released on his executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned IV Additional Chief Metropolitan Magistrate, vijayawada city. (ii) On release, the petitioner No.2 shall appear before the station House Officer, concerned, once in a week i.e. on every sunday between 10.00 a[m. and o5.00 p.m., till fI'Ijng of the charge sheet. (ill-) The petitioner No.2 shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not Camper evidence and shall co-operate with the investigation. 7) In so far as the petitioner No.1 is concerned, the bail application is dismissed| 8) Accordingly, the criminal Petition is partly allowed. :'`.\. ..-\ sD,-A. VijAYri.f'BArspui ASS!§T 'EGr[STR,`AR SECT.[ORE.C)r£r-rsFiCEFe* //TRUE COPY// '-ho i\.) To, .. I 1-rfhe [V Additional Chief Judicial Magistrate, Vijayawada City. 1 2.+The Superintendent, Central Prison, Nellore. I 3. The Station House Officer, patamata police Station, NTR /commissionerate. I 4,One CC to Sri D.Purnachandra Reddy, Advocate [OPUC] 5.,Two cos toPUBLIC IPROSECUTOR, High Court of A.P., ` Amaravati.[OUT] I 6. erg spare copy. I PSD RT --,-'- HIGH COURT SRK,J DATED : 30/06/2025 BAIL ORDER CRLP.No.6137 of 2025 PARTLY ALLOWED I,£siEigde1.as,3.,,tL-,, ,,', €, i -\~+ .