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2025 DAILYLAW 23456 (AP)

Syed Sheri Ali, v. The State of Andhra Pradesh

CRLP/6869/2025 · 2025-07-15

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AM WEDNESDAY, THE SIXTEENTH DAY OF JULY: TWOTHOUSANDANDTWENTY FIVE '¥}te :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO i t£if:I" CRIMINAL PETITION NO: 6869 OF 2025 Between: Syed Sheri AIi, S/o Nawab AN, aged 35 years, Muslim by Caste R/o O.C.C. Nagar, Semiliguda, Korapu{ District, Odisha State, 764036, Aadhar no. 8342 9906 9787 ...Petitioner/Accused No.4 AND The State of Andhra Pradesh, Through its Station House Officer SALUR Police Station, Vizianagaram District) Rep. by its Public Prosecutor High Court of Andhra Prades ...Respondent/Complainant Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.4 on bail pending disposal of Crime No.490/2020 of Salur Town Police Station, Vizianagaram District. Counsel forthe Petitioner : Sri Sathupati Prem Counsel for the Respondent : Ms.P.Akhila Naidu Assistant Public Prosecutor. The Court made the following ORDER: Dr.YLR, J Crl.P.No.6869 of 2025 Dated 16.07'.2025 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 [the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the petitioner/Accused No.4 on bail in Cr.No.490 of 2020 of Salur Town Police Station, Vizianagaram District, registered against the petitioner/Accused No.3 herein for the offences punishable under Sections 20(b)(ii)(C) r/w 8(C) of the of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity [the NDPS Act'). 2. The case of the prosecution is that on 10.ll.2020 at 03.00 hours, on reliable information, Sub-Inspector of Police, Salur Town Police Station, along with his staff, while conducting vehicle checking at NH-43, near HDFC Bank, Sa'ur, found one black colour TATA SAFARI Car bearing No.OR 02 AP 0727 coming flrom Jeegiram \vJj!!age to\y^vJardS Sa!ur. On seeing the police palr+l\J', the driver of the vehicle escaped leaving the vehicle. On verification oT--the Vehicle, 272.2 Kgs of Ganja was TrOund. The Si of Police seized the material along wit.h vehicle under the 'cover of mediators report and registered a case. 3. Sri Sathupati Prem, the learned counsel for the petitioner, submits that the petitioner has not -.committed any offence; he was falsely implicated.in this _+r, IT + Dr.YLR,J Crl.tP.No.6869 of 2025 Dated 16.07.2025 case; he is sole breadwinner of his,family; he is ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 4. Per confra, M's.I P. Akhila Naidu, the IIearned Assistant Public Prosecutor, submits that 272.2 KGs of Ganja was seized from the vehicle which belongs to the petitioner herein. The quantity of Ganja seized was a huge quantity. lf the petitioner is enlarged on bail, he would commit more offences of similar nature; and urged to dismiss the bail petitio-n. 5. Perused the record. 6. As seen from the record, the petitioner has been in judicial custody for the past 185 days and the charge sheet has not been filed. The petitioner is shown as Accused No.4 who is the owne'r of the crime vehicle. 7. Taking into consideration of period of detention undergone by the petitioner in the judicial custody, the nature of allegation levelled against him, Stage Of the investigation and his alleged role in the case, this Court is inclined to enlarge the petitioner on bail. 8. This Court is of the opinion that if certain stringent conditions are imposed on the petitioner for securing his presence before the learned Trial Court for trial, the interest of justice would be met. i= \\ - '\ RE 4 Dr.YLR,J Cr'.P.No.6869 of 2O25 Dated 16.d7.2025 9. ln the result, the Criminal Petition' is allowed with the following r conditions.- i. The petitioner/Accused No.4 shall be enlarged on bail subject to executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for the like sum each tQ the Satisfaction Of the learned Judicial Magistrate of First Class, Saiur. ii. The petitioner/Accused No.4 Shall appear before the Investigation Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, until further orders. iii. The petitioner/Accused No.4 shall not leave the limits of'the District without prior permission fr`om the learned Trial Judge. iv. The petitioner/Accused No.4 shall not cQ'mmit'Or indulge in similar offences in future. v. The petitioner/Accused No.4 shall coope|rate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when c'a'lled. I ITF`UE a,OPY I I To, ..;;_ `. EZI zfEfE SD/--A. VIJAYA BABU ASSISTAN ISTRAR I:[QN OFFIC|ER' The Judicial Magistrate Of First Class, Salur. The Station House Officer, Salur Police Station, Viz'lanagaram District. The Superintendent,`District J?il: Vis.akhapatnam. oneccto srisathupati prem,Advocate[OPuC] l`___,__L r^llTl ir/i#iGoe u3p5aslrvteocvp:Lpb-JTc` p-rro-s-ecut-or, H lgh Cou rt~of Andhra Pradesh [OUT] CVSS ?*` -`» -+-4JL HIGH COURT Dr.YLR,J DATED: 16/07/2025 BAIL ORDER CRLP.No.6869 of 2025 ALLOWED 1 E JUL»Z5