. ` IN THE mGH COURT OF ANDHRA PRADESH AT AMARAV WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND i-WENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 7752 OF 2025 [3521 I Between : MOHAMMED ISHAN, S/o. LaI Mohammed, aged about 38 years. contract labour, Railway, Gurni village, Dan Bag Ta!uk, Jharkhand state. Petitioner/Accused NO.5 AND The State ofAP, Through SHO, Annavaram P.S. Rep., by its Public Prosecutor, AP High Court, Amaravathi RespondJent/complainant Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support Of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/ Accused No. 5 in Crime No.2/2025 on the file of the Station House Officer, Annavaram Police Station, ASR District on regular baI-I. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Dr MAJJI SURI BABU, Advocate for the petl'tioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; -I-I._ I-=: --_-i-== _ `._-'-___ -'--. . -.,/ The Court made the following ORDER: .. . Crl.P.No.7752 2025 Dated 06.08.2025 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 [the BNSSl), seeking to enlarge the petitioner/Accused No.5 on bail in Cr.No.2 of 2025 of Annavarm Police Station, ASR District, registered agaI'nSt the Petitioner/Accused No.5 herein for the offences punishable under Section 8(c) read with 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS Act'). 2.- The case of the prosecution is that o5.02.2025 at 15.00 hours at the Ramaraopalem Junction, Lothugedda Panchayat, Chinthapalli MandaI, Alluri Sitharamaraju District, the petitioner along with other accused, were apprehended while they were in possession and transporting ganja. The police seized 3.00 kgs of liquid ganja from the petitioner/Accused NO.5 unc!er the cover of a mediatornama and registered an FIR. During the investigation, the accused was apprehended and remanded on 05-02.2025. 3. Mr.Majji Suri Babu, the learned counsel forthe petitioner contends that the petitioner is` innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning. member=of the family and, therefore, his continued incarceration =-al ->- l1`jl..3.f `ti... CrI.P.No.7752 2025 Dated O6.08.2025 would cause undue hardship to his dependents. The petitioner. underfakes|to strictly adhere to any conditi-ons that may be imposed by thi-s court. L6amed counsel further submits that the petitioner has been languishing I-n judicial custody for the-past 180 days.i The investigating officer ha; not filed charge sheet in .Jthis` acase. Material portion of I-nVeStigatiOn l'S COmPl6't;d. -All- the witnesses of the prosecution are offl'cial witnesses. Hence,- the question of. petitioner-influencing, or threatening the wlltnesses or hampering -the investigation may not arise and urged to enlarge the pe{itioner'oh bail. I + 4. Perconfra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitI-Oner, Submitting th`at if the Petitioner is released on bail at this stage, there is a 'strong likelI-hood that he me_y abscond, thereby hamperl'.ng the ongoing investigation and, evaciing the,I PrOCe_SS Of law. Learned Assistant Public Prosecutor further submits that no , Petition Was,filed seeking extensio.n ofjudiciaI.custody of the petitI'Oner. ln VI'eW: , of the foregoing, it is urged that the petition be dismI'SSed. 5. Hear.a the learned counsel for the petitioner and the learned Assistant I Public Prosecutor. perused the record; 6. As seen from the record, the petitioner/Accused N.5 was allegedly indulged in possession and transportation of 3.00 Kgs of lI-quid ganja. ~The - petI'tiOner Was arrested On 05.02.2025.. The petitioner has been in the judicial Custody for the Past 180 days. L- Crl.P.No.7752 2025 Dated 06.08.2025 7. The learned Assistant Public Prosecutor submits that 'there are no adverse antecedents against the petitioner/AcclISed No.5, and no report was filed before the learned court below by the learned Public Pr`osecu±or concerned seeking for extension period of judicial custody of the -petitioner upto one year by indicating the progress of irlvestigation and the specific reasons for the detention of the accused beyond the initial period. 8. Section 36A(4) of {the Act] s|lates that if the investigation is not completed within 180 days, the petitioner/accused No.5 has an indefeasible right to bail, unless the Special Court extends the period upto one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. 9. Considering the' period of detention undergone by the petitioner/Accused No.5 in judicial custody for the past 180 days, the nature and gravity of allegatio`n levelled against the petitioner, and his alleged role played in the case, this Court is inclined to eniarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused No.5 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), wiith two sureties each for the like sum each to the satisfaction of the learned Judicial First Glass Magistrate, Chinthapalli. ii. The =petitiQner/Accused No.5 shall appear before the St`ation House Officer, Annavaram Police_ -e+o£:,n, ASR District, Crl.P.No.7752 2025 Dated 06.O8.2025 on every Saturday in between 10:00 am and 05:00 pm, tj!i cognl'zance is taken by the learned the Trial Court. iii. The petitioner/Accused No.5 shall not leave the limits of the District without prior permission from the station Hous.e Officer concerned. iv. The petitioner/Accused No.5 shall notcommit or indulge in commission of any offence in future. v. The petitioner/Accused No.5 shall cooperate with the investigating officer in further investigation of the case and shall make himself avai!ab!e for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.5 shall not, direc{[y or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as {o dissuade him/her from disclosing such facts to the court or to any police oT-fiCer. vii. The petitioner/Accused No.5 sha!! surrender his passport, if any, to the investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/-G.H ASSISTANT E EHFTEHH DU F.AR SECTION OFFICER EEEEEseesE±L:5=C<`±ed /_ To, 1. The Judicial Magistrate of First class a.I ChinthapaI!i. 2. The I AdditI'Onal District & Sessions Judge-Special Judge for trial of Offences under NDPS Act: Visakhapatnam 3. The Superintendent, central Jail, Visakhapatnam 4. The Station House Officer, Annavaram Police Station, ASR District 5. One CC to Dr MAJJI SUR! BABU Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy KJ HIGH COURT DR.YLRJ DATED:06/08/2025 BAIL ORDER CRLP.No.7752 of 2025 ALLOWED