IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6658 OF 2025 Between: Shekh Jilani, S/o. Shekh Chota All, aged about 27 years, R/o. Chitrakonda Malkangiri District, Odisha State. ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 on bail pending disposal of Crime No.01/2025 of Pendurthi P.S., Visakhapatnam District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Gollapalli Maheswara Rao, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; ORDER: This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/A3, seeking regular Cr.No.1/2025 Commissionerate. The above said crime herein and others for the offence punishable u/Secs.20(b)(ii)(C) 8(c) of the NDPS Act. bail in Visakhapatnam of Pendurthy Police Station, 2. was registered against the petitioner r/w 3. Case of the prosecution, in brief, is that, on 01.01.2025 at 5.00pm, on receipt of credible information with regard to illegal possession and transportation of ganja, the Sub-Inspector of Police secured the presence of mediators and staff and rushed to front of MIG-01, side Pendurthi, Vuda Visakhapatnam and Colony, Chinamushidiwada, found three suspicious circumstances. On seeing police, they tried to escape. Then police apprehended said three persons and on enquiry, they disclosed their identity particulars persons in as that of A1 to A3 and police found 235kgs of Police seized the contraband and other material and got remanded the accused to judicial custody. 4. Learned counsel for the petitioner contended that the is in Judicial custody from 01.01.2025 and most of the investigation is completed and after expiry of statutory period, police have charge sheet, as such the petitioner is entitled for statutory ball. 5. On the other hand, learned Assistant Public Prosecutor confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. Heard both sides. ganja in their possession. petitioner not filed also 6. 7. Given that the petitioner has been in remand since 01.01.2025, this Court views that most of the investigation concerning the petitioner’s role in the been concluded. commission of the alleged offence has likely It has bee« submitted that the petitioner had permanent residence and there is no credible apprehension of their fleeing away from justice. Additionally, since most of the witnesses are official, the release of the petitioner would investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet. Court found that the petitioner is entitled for statutory bail. In view of seizure of huge quantity pf contraband, conditions would meet the ends.of Justice. not impede the Hence, this imposing stringent 8. In view of the aforesaid .facts and circumstances of the this Court is inclined to gc^j bail to the following conditions. case, petitioner/A3 with the (i) The petitioner/A3 herein shall be released executing a personal bond for Rs.1,00,000/- (Rupees lakh only) with two sureties for a like sum each to the satisfaction of the learned VII Additional Judicial First Class Magistrate; on his one (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Wednesday and Sunday between 10.00 am and 01.00 pm for a period of three (03) months; (iii) the petitioner shall not tamper with the evidence hamper the investigation and shall investigation. and cooperate for 9. Accordingly, the Criminal Petition is allowed. Sd/- Sk.Md.Rafi ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VII Additional Judicial First Class Magistrate, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Pendurthi Police Station, Visakhapatnam District. 4. One CC to Sri. Gollapalli Maheswara Rao, Advocate [OPUC] 5. Two CCs to Public Prosecutor,' High Court of AP [OUT] 6. One spare copy MM Note; The name of the satisfaction court is corrected from “I Additional District & Session Judge First Class Magistrate, Visakhapatnam court’s order dated 05.08.2025 in lA.No.l of 2025. Substitute this amended order in the place of earlier order which was dispatched on 10/07/2025. as per Sd/- Sk.Md.Rafi ASSISTANT REGISTRAR HIGH COURT TMR,J DATED: 10/07/2025 (05/08/2025) (AMENDED) ORDER CRLP.No.6658 of 2025 ALLOWED