+Z3 ~ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE BR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7409 OF 2025 Between : 1. Shaik AIi, S/o Shaik Hussain miya, age 23 yrs, R/o ll-225, Kothapeta v-lllage, Bethamcherla, MD, KurnooI Dist., Andhra Pradesh. 2. Shaik shareef, S/o Shiak£Jtrinahboob, age 36 yrs R/o 16-9-113, old malakpet, New padmanagar, Hydrabad, Telangana. 3. Shaik Abdul basha, S/o Shai'k mahaboob, age 32 yrs, R/o 16-9-113, old malakpet, New padmanagar,Hydrabad, Telangana state. ...petitioners/Accused No.1, 2 & 3 •Lr?i;I:i . AND The State of Andhra Pradesh`:, Through station House Officer, V.Madugula, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...Respondent/Complainant \ petition under sections 437 `& 439 of Cr.P.C/Sections 480 & 483 of BNSS, is filed praying that in the circumstances Stated in the grounds filed in support of the criminal petition, ihe`\High Court may be pleased to release the petitioners on Bail in connection with Crime No.54 of 2025 on the file of the V.Madugula Police Station. The petition coming on for hiearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments Of Ms.Bandi praveena, Advocate for the Petitioners and of Public Prosecutor for Respondent, the Court made the i-oilowing _ I +' -/ Dr.YLR,J - CRL.P.No_7409/2025 The Court macle the followI-ng ORDER: The CrI-minalt PetI'tiOn has been filed under sections 480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023 (for brevity lthe BNSSj) and '437 & 439 of the Code of CrI'minal Procedure, 1973 (for brevity 'the cr.p.c), seeking to enlarge the petitioners/Accused Nos.1 to 3 on bail I'n Cr.No.54 of 2025 ofV. MaduguI.a Police Station, Anakapalli District registered against the Petitioners/Accused Nos.1 {o 3 herein for the offence punishable under sections 20(b)(I|i)(B), 25 read with 8(c) of the NarcotI'C Drugs and psychotropic Substances Act, 1985 (for brevity {the NDPS ActJ). 2. The case of the prosecution in nutshell is that, on 17.06.2025 at about ll:00 hours, when.the police were carrying out an inspectI|On at the outskirts of Thatipathri Village, V. Madugula Mandal, the Accused Nos.1 to 3 and Juvenile-1 tried to escape from the scene by turnI-ng the Mahindra scorpio vehicle bearing No'.Ap 16 DB 4400 as they were found in illegal possession and transportation of Ganja. Accused Nos.1 to 3 apprehended and Juvenile-1 was taken charge by the poll-Ce and seized 6 kgs of Ganja contained in 3 Packets worth Rs.30,000/-. Accused No.4 had absconded. Three android cell Phones and Mahindra Scorpio vehicle were taken from the possession of the Accused Nos.1 to 3 and Juvenile-1 under cover of mediator's report. Hence, a Case Was registered. 3. Heard learned counsel for the petI'tiOner and the learned Assistant Public Prosecutor. Perused the record. ELiiiE /\ _ 3 Dr:YLR,J CRL.P.No.7409/2025 4. Smt. Bandi Praveena, the learned counsel for the petitioners Submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; Petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Percor,ira, Ms. P. Akila Naidu, the learned Assistant Public Prose'cutor, opposed in granting of bail st'ating that the petitioners are the habitual offenders, some more material witnesses have to be examined; investigat'lon is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the Clutches Of law; and urged to dismiss the ba'II Petition. 6. As seen from the record, the allegation iS that6 kgs ofGanjawas found in possession of the petitioners while they were travelling in Bolero vehicle. In the vehicle, there were four persons including one person who is a child in conflict with law. The petitioners were arrested On 20.06.2025 and they are in the judicial custody for the past 40 days. 7. The learned Assistant Public Prosecutor submits that there are nO adverse antecedents against the petitioners/Accused Nos.1 to 3. 8. Consider'lng the nature and graV'l{y Of allegation levelled against the petitioners, and their alleged role in the case and the Period Of detention they are undergoing, this court is inclined to enlarge the petitioners on bail with the following stringent conditions: \5= -.I 4 Dr.YLR,J • CRL.P-No_7409/2025 i. The pe{itI'OnerS/Accused Nos.1 to 3 shall be enlarged on ba" subject to they executl'ng a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satI'SfaCtI-On Of the learned I Addl-tionaI DistrI-Ct & Sessions Judge - special Judge for TrI-al Of Offences under lthe NDPS ActJ, Visakhapatnam. ji. The petitioners/Accused fuos,1 to 3 shall appear before the station House officer, v. Madugula PolI|Ce Station, Anakapalli District, on every saturday in between 10.loo am and o5.loo pm, tI-Il cognizance is taken by the learned the Trial Court. jij. The petitioners/Accused Nos,1 to 3 shall not leave the limits of the District without prior permission from the learned I Additional District & sessions Judge - special Judge for TrI-al of Offences under fthe NDPS Act', VI-Sakhapatnam. iv. The petitiohers/Accused Nos.1 to 3 shall not commit or indulge in commission of any offence jn future. v. The petitioners/Accused Nos.1 to 3 sha" cooperate with the investigatI-ng Officer in further investigation of the case and shall make themselves available for I|nterrogatI-On by the investI-gating officer as and when required. vj. The petitioners/Accused Nos.1 to 3 shall not, dI'reCtly or l'ndI-reCtly, make any I-nduCement, threat or promI'Se tO any person .h . GZS7Zi} er*sz53ESSFiff5JS5:S5f=r-±±==r==5fe©© 5 Dr_YLR,J CRL_P_No.'7409/2025 acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. The petitioners/Accused Nos.1 to 3 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. 9. Accord'lngly, the Criminal Petition is allowed. //TRUE COPY// Sd/- K.TATA RAO D E PgrG [STRAR To] SECTION OFFICER 1. The Metropolitan sessions Judge-Gum-I Additl-onal DI'StriCt by Sessions Judge-SpecI'al Judge for I:ti¥rial of Offences under NDPS Act, at Visakhapatnam. 2. The Superintendent, central prison, visakhapatnam. 3. The Station House Officer, VuMadugula Police Station, Anakapalli. 4. One CC to Ms. Bandi Praveena, Advocate [OPUC] 5. Two CCs toPUBLIC PFaOSECUTOR, High Court of A.P., Amaravati.[ouT] , ,``` 6. One spare copy. PSD HIGH COURT DR.YLRIJ DATED :23/07/2025 BAIL ORDER CRLP.No.7409 of 2025 ALLOWED