IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI _ch I,`+;;r.:=SS:,:*#:'€i;:'!€{ WEDNESDAY, THE THIRTIETH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO cR[MINAL PE+ITION NO: 6461 OF 2025 Betwee n : Sayyed Rehan @ Munna, S/o. Jilani, aged about 31 years, R/o. D.No.4-5, Near Water Tank, RH Colony, P.M.Palem, Visakhapatnam, Visakhapatnam District, A.P. <;I " ...Petitioner/Accused I;- AND The State of Andhra Pradesh`, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ¢ ...Respondent Petition under Sections 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, is filed praying that in the ci'rcumstances` stated in the grounds filed I'n support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail pending disposal of Crime No.250/2025 of P.M. Palem P.S., Visakhapatnam District. The petition coming omfoi hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearI-ng the arguments Of Sri Balabhadruni Manohar, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following =\,. Dr. YLR, I CrI.P.No.6461 of 2025 Dclted 30.07.2O25 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity f{he Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity l{he BNSS'), seeking to enlarge the petitioner/Accused on bail in Cr.No.250 of 2025 of P.M.Palem Police Station, Visakhapa{nam Commissionerate, registered against the petitioner/Accused herein for the offences punishable under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act]). 2. The case of the prosecution is that on 26.04.2025, on receipt of credible information about the illegal possession and transportation of Ganja, The Sub-Inspector of Police, P.M.Palem Police Station, secured the presence of mediators and rushed to BABA EngI|neering College Road, P.M.Palem, Visakhapatnam. The police noticed one person standing with a carry bag in his hands and on seeing the police, the said person tried to escape. The Sub-Inspector of Police along with his staff apprehended the accused. During investigation, the accused gave his address particulars, and basing on the said confession statement, only i`_ 1.250 Kgs of Ganja wa\s seized under the cover of mediator's report. i . a 3 Dr. YLR, J Crl.P.No.6461 of 2025 Dclted 30.07.2025 Basing on the report, the petitioner was arrested on 26.04.2025 and remanded him to judicial custody. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. perused the record. 4. Mr.I Balabhadruni Manohar, the learned counsel for the petitioner contends that the petI'tiOner iS I-nnOCent Of the alleged offence and has been falsely implicated by the police. lt I-S further submitted that the Petitioner iS the SOle earning member of the family and, therefore, his continued incarceration would cause undue hardship to hI-S dependents. The petitioner undertakes to strictly adhere {o any conditions that may be imposed by this Court. In II-ght Of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 5. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitI'Oner, submitting that the I'nVeStigatiOn iS S{I'll underWay and Several material witnesses remain to be examined. lt is contended that if the petitI'Oner iS released on bail at this stage] there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the Process Of law. ln view of the foregoI-ng, it I-S urged that the petitI-On be dismissed. J3J± E=- •#sE 4 Dr. YLR, J crI.P.No.6461 of 2b25 Dated 30.07.2025 6. As seen from the record, the petitioner/Accused was indulged in transportation and possession of 1.250 kgs of ganja, the same was reflected in the mediators' report v,-de dated 26.04.2025. The petitioner/Accused was arrested on 26.04.2025. He has been in the judicial custody for the past 94 days. A!beit the learned Assistant Public Prosecutor. submits that there are seven adverse antecedents against the petitioner/Accused, those are all not pertaining {o the provisions of the NDPS Act. Material portion of investigation is completed. All the witnesses of the prosecution are official witnesses. The question of petitioner infiu`encing or threatening the witnesses or hampering the investigatI-On may not arise. Hence, the request of the petitioner for grant of bail is reasonable. 7. Considering the period of detention undergone.by the petitioner in the judicial custody for the past 94 days, the nature and gravity of allegations levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused sh?Il be enlarged on bail subject to h; executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for the - -\__ 5 Dr. YLR, J Crl.P.No.6461 of 2025 Dated 30.07.2025 like sum each t6 the satisfaction of the learned XVI Additional Judicial Magistrate of First CIass, Bheemunipatnam. ii. The petitioner/Accused shall appear before the Station House Officer, P.M.Palem Police Station, Visakhapatnam Commissionera{e, on every saturday in between 10:00 am and 05.-00 pm, till cognizance is taken by the learned the Trial Court. iii. ` The petitioner/Accused shall not leave the limits of the District without prior permission from the station House Officer concerned. iv. The petitioner/Accused shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petI-tiOner/Accused shall not, dI'reCtly or I-ndirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade .-, ` 6 Dr. YLR, J CrI.P.No.6461 of 2025 Dclted 30.07.2025 him/her from disclosing such facts to the court or to any police officer. vii. The petitioner shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the I nvestigating Officer. 8. Accordingly, the Criminal Petition is allowed. Tol ~ 'j/I-R'U E COPY// 1 `'r1._ i \.. =\t'. =± <wi / sD/-M.SRINIVAS ASSISTAN SECTI REGISTRAR OFFICER 1. The XVI Additional Judicia,Ir:f:.M,agistrate of First class, Bheemunipatnam. 2. The I Additional District & Sessions Judge -Special Judge for Trial of offences under NDPS Act, ViSakhapatnam. 3. The Superintendent, Gen+LraI Jail, Visakhapatnam, Visakhapatnam District. 4. The Station House Officer, P.M.Palem Police Station, Visakhapatnam District. 5. One CC to Sri Balabhad+uhiS.``3Manohar, Advocate [OPUC] 6. Two CCs toPUBLIC,PROSECUTOR, High Court of A.P., Amaravati.[OUT] I `'' \ | \ 7' One spare copy. '-';; Jdi PSD ;+:?a.. IE HIGH COURT DR.YLR,J DATED : 30/07/2025 BAIL ORDER CRLP.No.6461 of 2025 ALLOWED