APHC010381062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7809/2025 Between: Munawir Mohammed Parayil and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR, J Crl.P.No.7809 of 2025 Dated 14.08.2025 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.’)/ 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.11 of 2025 of Sileru Police Station, Alluri Sitharamaraju District, registered against the petitioners/Accused Nos.1 to 3 and another for the offences punishable under Sections 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 07.07.2025 at 16.00 hours, the complainant on receiving credible information about illegal transportation of Ganja, he along with his staff and mediators rushed to ITI Junction, Sileru Village, GK Veedhi Mandal, Alluri Seetha Ramaraju District and caught Accused Nos.1 to 4 who are in possession of 9 KGs of Ganja. The accused No.4 escaped from the scene of offence and absconding. A case has been registered against the accused and the contraband and other material were seized under the cover of mediators report. 3. Sri D. Ramkoteshwar Rao, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are living by doing coolie works and they are the sole breadwinners of their family; they are languishing in jail since 38 days; 3 Dr.YLR, J Crl.P.No.7809 of 2025 Dated 14.08.2025 they are ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioners on bail. 4. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that the petitioners herein along with another accused are found in possession of 9 KGs of Ganja; if the petitioners are enlarged on bail, they would commit more offences of similar nature; and urged to dismiss the bail petition. 5. Perused the record. 6. As seen from the record, the petitioners were arrested on 07.07.2025 and they have been in judicial custody for the past 38 days. The petitioners were in total found in possession of 9 KGs of Ganja which is not a commercial quantity. It is submitted by the learned Assistant Public Prosecutor that all the witnesses are official witnesses. Since all the witnesses are official witnesses, the question of petitioners threatening the witnesses or hampering the investigation would not arise. 7. Taking into consideration of the nature of allegations levelled against the petitioners and the period of detention undergone by them, this Court is inclined to enlarge the petitioners on bail. 4 Dr.YLR, J Crl.P.No.7809 of 2025 Dated 14.08.2025 8. This Court is of the opinion that if certain stringent conditions are imposed on the petitioners for securing their presence before the learned Trial Court for trial, the interest of justice would be met. 9. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.1 to 3 shall be enlarged on bail subject to each of them executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Chintapalli. ii. The petitioners/Accused Nos.1 to 3 shall appear before the Investigation Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, until further orders. iii. The petitioners/Accused Nos.1 to 3 shall not leave the limits of the District, without prior permission from the learned Trial Judge. iv. The petitioners/Accused Nos.1 to 3 shall not commit or indulge in similar offences in future. 5 Dr.YLR, J Crl.P.No.7809 of 2025 Dated 14.08.2025 v. The petitioners/Accused Nos.1 to 3 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called. ________________________ DR. Y. LAKSHMANA RAO, J Date: 14.08.2025 SCH 6 Dr.YLR, J Crl.P.No.7809 of 2025 Dated 14.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7809 of 2025 Date: 14.08.2025 SCH