\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ) sx< '/L * V/'i X :PRESENT: \ Tf^E HONOURABLE DR JUSTICE Y. LAKSHMANA RAO f %? CRIMINAL PETITION NO: 7589 OF 2025 Between: 1. Shaik Riyaz, S/o. Late Shaik Osmaan Khan, aged about 42 years, R/o. D.No.44-26-2, Railway New Colony, Visakhapatnam, Visakhapatnam District 2. Killo Ramesh, S/o. Jaya Ram, aged about 30 years, R/o. Dabavalasa Village, Pottam Post, Hukumpeta Mandal, Alluri Sitharama Raju District. 3. Konnadi Ananda Rao, S/o. Gundanna, aged about 30 years, R/o. Dabavalasa Village, Pottam Post, Hukumpeta Mandal, Alluri Sitharama Raju District. Petitioners/Accused No. 1 to 3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioners/Accused N0.I to 3 on bail pending disposal of Crime No.28/2025 of III Town P.S., Visakhapatnam District./^ The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO Advocate for the Petitioners and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER: APHC010363592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7589/2025 Between: Shaik Riyaz and others ...PETITIONER/ACCUSED{S) AND The State of Andhra Pradesh Counsel for the Petitioner/accused(S): Gollapalli Maheswara Rao Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER; ...RESPONDENT/COMPLAINANT The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 to 3 on bail in Cr.No.28 of 2024 of III Town Police Station, Visakhapatnam Commissionerate, registered against the Petitioners/Accused Nos. 1 to 3 herein for the offences punishable under Section 20 (b) (ii)(C) read with 2 Dr.YLR, J Crl.P.No.7589 of 2025 Dated 05.08.2025 8(c) of the Narcotic Drugs and Psychotropic Substances Act brevity ‘the NDPS Act’). 1985 (for 2. The case of the prosecution is that on 05.02.2025, on receipt of credible information regarding the illegal possession and transportation of ganja, the Sub-Inspector of Police, III Town Police Station, along with his. staff, secured the presence of mediators, rushed to Razmattaz Wedding Events Service Road, beside Madhuri’s Kitchen Apartment, Balajinagar, Siripuram, Visakhapatnam. The police noticed one two persons on motorcycle and one person on scooty, on seeing the police, the accused persons tried to escape. The Sub-Inspector of Police apprehended the Petitioners/Accused Nos.1 to 3 and found in their possession 3,000 ml of Liquid Cannabis (Hashish), seized the contraband under a cover of mediators’ report, and arrested them. Sri G. Maheswara Rao, the learned counsel for the petitioners contends that the petitioners are innocents of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning member of their family and, therefore, their continued incarceration would cause undue hardship to their dependents. The petitioners undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed the interest of justice. 3. in 3 Dr.YLR, J Crl.P.No.7589 of 2025 Dated 05.08.2025 4. Per contra, Ms. P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. As seen from the record, the Petitioners/Accused Nos.1 to 3 were indulged in transportation and possession of 3,000 ml of Liquid Cannabis (Hashish). Although it is commercial quantity, the petitioners have been languishing in the jail since 05.02.2025 onwards. Nearly for the past 180 days they have been in the judicial custody. The investigating .officer has not filed charge sheet in this case. Material portion of investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of petitioners influencing or threatening the witnesses or hampering the investigation may not arise. 6. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the Petitioners/Accused Nos.1 to 3 and no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioners upto one year by indicating the progress of investigation and the specific reasons for the detention'Of the accused beyond the initial period. 4 Dr.YLR, J Crl.P.No.7589of 2025 Dated 05.08.2025 if the investigation is not Nos.1 to 3 have extends the period up to year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the initial period. 7. Section 36A(4) of ‘the Act’ states that completed within 180 days, the petitioners/accused indefeasible right to bail, unless the Special Court an one accused beyond the 8. Considering the period of detention undergone by the Petitioners/Accused Nos.1 to 3 in judicial custody for the past 180 days, the nature and gravity of allegation levelled against the petitioners, and their alleged role played In the case, this Court Is Inclined to enlarge the petitioners bail with the following stringent conditions; on i. The Petitioners/Accused Nos.1 to 3 shall be enlarged on bail subject to they executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties each for the like a sum of sum each to the satisfaction of the learned I Additional District and Sessions Judge, Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii- The Petitioners/Accused Nos.1 to 3 shall the Station House Officer appear before III Town Police Station, every Saturday in pm, till cognizance is taken by the Visakhapatnam Commessionerate, between 10:00 am and 05:00 learned the Trial Court. on 5 Dr.YLR, J Crl.P.No.7589 of 2025 Dated 05.08.2025 iii. The Petitioners/Accused Nos.1 to 3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The Petitioners/Accused Nos.1 to 3 shall not commit indulge in commission of any offence in future. V. The Petitioners/Accused Nos.1 to 3 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. VI. The Petitioners/Accused Nos.1 to 3 shall not, directly indirectly, make any inducement, threat or promise to any person 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 IV. or or surrender their passport, if any, to the investigating officer. If he claims that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. Accordingly, the Criminal Petition is allowed. 9. SDI- K. KASIRAO ACHARI ASSISTANT I^GISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional District & Sessions Judge - Special Judge for Trial Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnamm, Visakhapatnam District. 3. The Station House Officer, III Town Police Station, Visakhapatnam District. 4. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy of JSS HIGH COURT DR.YLR, J DATED:05/08/2025 BAIL ORDER CRLP.No.7589 of 2025 o mit ALLOWED t