APHC010375042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7726/2025 Between: SHAIK HAJAZ AHMAD, S/O SHAIK BASHEER AHMAD, AGED ABOUT 52 YEARS, 1ST MAIN 1ST CLASS, NEAR FUN WORIS, J.C.NAGAR, BANGLORE NORTH, BANGLORE, KARNATAKA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, represented by its Public Prosecutor, High Court of Andhra pradesh at Amaravathi, Guntur District, Andhra Pradesh. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioner on bail in CRIME.NO: 37 of 2025 of S.KOTA POLICE STATION, dated 12.03.2025 Counsel for the Petitioner/accused: ABDUS SALEEM Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J CRL.P.No.7726/2025 The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), by the petitioner/Accused for granting of bail in connection with Crime No.37 of 2025 ofS.Kota Police Station, Vizianagaram District, registered for the alleged offences punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Facts, in brief, of the case are that on 12.03.2025 at about 12:00 hours, the Accused Nos.1 to 5 were caught by the Police at Boddavara check post, Boddavara Village of S.Kota Mandal,while they were in possession and transportation of contraband Ganja weighing about 70.100 kgs worth about Rs.3,80,500. Hence, a case was registered. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Abdus Saleem, learned counsel for the petitioner submits that the petitioner is sole bread winner of his family; the petitioner has not committed any offence and he was falsely implicated in this case; the petitioner would abide by any condition to be imposed by this Court. 5. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating thatsome more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 3 Dr.YLR,J CRL.P.No.7726/2025 6. As seen from the record, the petitioner was driver of the TATA Indigo car wherein 70 kgs of Ganja was transported on 12.06.2025. The petitioner was spot arrested along with the other Accused while the contraband was transported. 7. Learned counsel for the petitioner submits that the petitioner is only a driver and aged about 52 years suffering from ailments. 8. On careful perusal of the record, this Court is not satisfied that there are reasonable grounds for believing that the petitioneris not guilty for such offence and that he is not likely to commit any offence in future while he is on bail. Therefore, there are no merits in this criminal petition and the same is liable to be dismissed. 9. Accordingly, this Criminal Petition is dismissed. ____________________ DR Y. LAKSHMANA RAO,J Date: 30.07.2025 KAS