Shaik Sameer aliasn Syam alias Shammeer v. The State of Andhra Pradesh
CRLP/6719/2025 · 2025-07-10
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23030 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23030 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[3369] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: Eii THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 6719 OF 2025 /, Between : AND €.==_+-i r -`'?-I Shaik Sameer @ Syam @ Shammeer, S/o Hasheem Sharif (Late), Aged 24 years, R/o.15-7/A, Narayanaraopet, Hill Road, Atmakuru Mandal, Nellore District. Petitioner/Accused No.6 The State ofAndhra Pradesh,_`S`HO, Mangalagiri Rural P.S., Guntur District, Rep. by its Public Prosecutor, High Court ofA.P., Amaravati. Respondent/Comp[ainan€ 4+.43 Petition under Section 480 ,& 483 of BNSS and 437 & 439 of Cr.P.C is filed praying that in the circumstamces stated in the affidavit filed in support of the Criminal Petition, the High CGur{ may be Pleased tO enlarge him on bail in connection with Crime No. 148 €i3f 2025 of Mangalagiri Rural Police Station,I Guntur District, E= The petition/Appeal comina `ori`for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri BABU RAO PANDIRi Advocate for the Petitioner, PUBLIC T PROSECUTOR (AP) forthe Respondent and the Court made the following. A
APHCO10324512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6719/2025 Between :
1.SHAIK SAMEER ALIASN SYAM ALIAS SHAMMEER, S/O HASHEEM SHARIF (LATE), AGED 24 YEARS, R/O.15-7/A, NARAYANARAOPET, HILL ROAD, ATMAKURU MANDAL, NELLORE DISTRICT. M.PETITIONER/ACCUSED AND 1|THE STATE OF ANDHRA PRADESH, SHO, Mangalagiri Rural P.S., Guntur District, Rep. by its Public Prosecutor, High Court of A.P., 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 Petition, the High Cour{Pleased to enlarge him on bail in connection with Crime No. 148 of 2025 of Mangalagiri Rural Police Station, Guntur District, Counsel for the Petitioner/accused:
1. BABU RAO PANDIRI Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 48O ahd 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A6, +3rZ5J 5i2=L ¢--. I- 2 seeking bail, in Crime Nd.148/2025 of Mangalagiri Rural Police Station, Guntur District. 2.
A case has been registered against the petitioner and others for the offences under Sections 8(c) r/w 20(b)(ii)(B), 22(b) of NDPS Act|
3. Case of the prosecution, in brief, is that, this is the case of illegal possession and selling of ganja and MDMA. Al to A4 are addicted to ganja and other bad habits. Al who made friendship with A6 and purchased MDMA packets from A6 @ Rs.5,000/-per one gram and in turn sell A2 for higher price. Further Al and A2 purchased ganja from A5 for Rs.8,000/- per kg and in turn Al to A4 consumes some of ganja and Al and A2 'makes sma''ler packets of 20 grams and gives them to A3, A4 {o sell it for higher rates of Rs|1,000/-each packet. On Ramzan festival day A6 came {o Vijayawada Al purchased 10 grams of MDMA from A6 and sold two packets to A2 and kept on packet with A1. Then A2 brought 1.2 kgs of ganja and, made four packets and called A3 and A4 to delight dhaba and Al to A4 all met there, A2 gave ganja packets to each of them and consumed some ganja, then police raid and caught hold Al to A4 and seized 1.2 kgs of ganja and one packet of MDMA weighing about 5.980 grams from Al and two packets of MDMA from A2 weighting about 1.980, O.750 grams, total 8.81 grams of MDMA and also seized KTM Bike of A2 under the cover of mediatornama. '€.,,i .iv
+ ® 3 4| Learned counsel for the petitioner contended that the petit'IOner has been languished in jail from 16.4.2025 and most of the investigation is completed and requested to enlarge the petitioner on. bail. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police and submitted that some more witnesses are to be examined and prays to dismiss the criminal petition. 6. Heard both sides. 7.
After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioner was arrested and remanded to judicial custody on 16.4.2025 basing on the confession statement of co-accused. Evidently no contraband has been seized from the possession of the petitioner. Since the petitioner has been in remand from 16.4.2025, this Court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. It is submitted that the petitioner is a 'permanent resident of Nellore District, as such there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tamper'lng of evidence and hampering of investigation, considering the entire material on record, this Court is inclined to grant bail to the petitioner with some conditions. a: ---+. ` - 4
9. In the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A6 herein shall be released on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the learned Additional Judicial Magistrate of First Class, Manga]agiri; (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a fortnight between 10.00am and 12.00 noon, for a period of three (03) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. E! a -,____ r sdlf-f3K. #+Jl#. i?.AF:i AS§a§-S!T#.E¢T' F`?` llTE*HE COPYII For SEf3Qr§€j5F* r¢FF!CE,pet Tol
1. The Addl. Judicial Magl-stra.tetcof First Class Court at Mangalagiri (Junior : Division), Guntur DI'StriCt. 2. The Superintendent, District Jail, Guntur. 3. The Stall-On House Officer, Mangalagiri Rural Police Station, Guntur DistrI'C{. 4. One CC to SRI. BABU RAG,PANDIRI Advocate [OPUC]
5. Two cos to Public Prosecu-tor (AP) High Court ofA.P., Amaravati [OUT].
-6. One spare copy \€ \
I_ HIGH COURT TMR,J DATED: ll/07/2025 BAIL ORDER CRLP.No.6719 of 2025 ALLOWED