? `| t! ,+'t`-.i= I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WEDNESDAY, THE NINTH DAY OF JULY, TWO THOUSAND AND TwENTY FIVE :PRESENT: THE HONOURABLE SR[ JUSTICE I MALLIKARJUNA RAO ?ir Between : CRIMINAL PETITION NO: 6669 OF 2025 <i- 1 >.-: `.-ri * 'ch~ ` 1. Moideen Nawaz, S/o A.M.Hussainar, Age 38 years, R/o Near Govt. High School, Uppala Taluk Post, Kasargode District, Kerala state. 2. Pashawath Nasir, S/o M'oaSabeary, Age 27 years, R/o Near Chetan Hospital, Puttur Taluk, Dakshina Kannada District, Karnataka state. 3. Mahemmad Nizar, S/o Hainze, Aged 20 years, R/o Paddayooru House, Puttur Taluk, Padnoor Post, Puttur Sub-District, Dakshina Kannada District, Karnataka state. ...PetI-tiOnerS/Accused No.1 to 3 I:I: AND The State of Andhra Pradesh,-'Rep. by its Public Prosecutor, High Court of Judicature of Andhra PradesELqa|+i Amaravati. ...Respondent/Complainant Petition under Sections 4,80'`'& 483 of Cr.P.C, is filed praying that in the circumstances stated in the gr6^unds filed in support of the criminal Petition, the High Court may be pleased to+~-+elease the Petitioners/Accused No. 1 to 3 on bail in Crime No. 174 of 2024, 6h the file of the Kothakota Police Station. The petition com-lng on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of sri Gotru Krishna Prasad, Advocate_for the Petitioner and of Public Prosecutor for Respondent, the Court made thte following •t.',{i _/~=`` i * ORDER: This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioners/Al to A3, seeking regular bail in Cr.No.174/2024 of Kothakota Police Station, Anakapalle District. 2. The above said crime was registered against the petitioners herein and others for the offence punishable u/Sees.20(b)(ii)(C), 25 r/w 8(c) of the NDPS Act. 3. Case of the prosecution, in brief, is that, on 09.12.2024 a{ 9.00am, 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 the road leading-to Kalyanapulova village and Dondapudi and conducted vehicle checking. They observed a white colour Maruti Swift LXl car bearing registration no.KA 19 MJ 5816 coming on that road. On seeing police, the inmates who are three in number in the car stopped the car and tried {o fled away. Then police apprehended said three persons and on enquiry, they disclosed their identity particulars as that of Al to A3 and police found 110kgs of ganja in their possession| Police seized the contraband and other material and got remanded the accused to judicial custody. 4. Learned counsel for the petitioners contended that the petitioners are in judicial custody from 09.12..2024 and most of the investigation is _.I iZ== \- fe--- completed and after expiry of statutory period, police have not filed charge sheet, as such the petitioners are entitled for statutory baI'I. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. He further submitted that no antecedents are reported against the petitioners. 6. Heard both sides. 7. Given that the petitioners have been in remand since 29.10.2024J this Court views that most of the investigation concerning the petitioners role in the commission of the alleged offence has likely been concluded. lt has been submitted that the petitioners 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 petitioners would not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet. They have filed a petition on 16.5.2025 for extension of time for investigation and time was extended till 17.6.2025. After that no ext6nsion Petition Was filed. Since the investigation could not be completed within the statutory period and also in extended period, this court found that the petitioners are entitled for statutory bail. In view of seizure of huge quantity of contraband, imposing stringent conditions would meet the ends of justice. f cti;sy `` -I ___,__- ` S. 8. In view of the aforesaid facts and circumstances of the case, this Court is inclined to.grant bail {o the petitioners/Al to A3 with the following conditions. (i) The petitioners/Al to A3 herein shall be released on their executing a personal bond for Rs.1,00,000/-(Rupees one lakh only) each with two sureties for a like sum each -{o the satisfaction of the learned Judicial First class Magistrate, Chodavaram; (ii) on release, the petitioners shall appear before the station House Officer concerned on every Sunday between 10.00 am and o1.00 pm for a period of three (03) months; (iii) the petitioners shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. 9. Accordingly, the Criminal Petition is allowed. Tol /? .I . llTkUE COPYll + \ Sd/:- k.'TAtA RAG DEPUTY BEG '--I,I.J'-I SECTION OFFICER 1. The Court of the I AdditjohaI District & Sessions Judge-Special-Judge for Trial of Offences Und:r6AIbPS Act, Visakhapatnam. 2. The Judicial First Class Ma§if~strate at chodavaram. 3. The Superintendent, central prI-son, VI'SakhaPatnam. 4. The Station House Officer, Kothakota Police Station, Anakapalli District. 5. One CC to SrI-Gotru Krishn; Prasad, Advocate [OPUC] 6. Two CCs toPUBLIC 'PcROSECUTOR, High Court of A.P., Amaravati.[OUT] 7. One spare copy. PSD _.\ a- I I-- I HIGH COURT TMR,J DATED :09/07/2025 BAIL ORDER CRLP.No.6669 of 2025 ALLOWED