I [ 3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE EIGHTEENTH DAY OF AUGUST -- -i ' \ 5 5 t. TWO THOUSAND AND TWENTY FIVE rPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7975 OF 2025 Between: Sameer Shaik @ Sameer Hasan All Shaik, S/o. Hasan All Shaik, Aged about 30 Years, Bandra Plot, Opp: Kirana Shop, Jogeswari, East, Mumbai, Maharastra State Petitioner/Sole Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition- the High Court may be pleased to release the petitioner/ Sole Accused on bail in N.D.P.S. SC.192 of 2017 on the file of I Additional District and Sessions Judge at Rajamahendravaram (in crime no. 11 of 2017 under section 8 © r/w 20(b)(ii)(B) of Maredumilli Police Station). The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri KAKUMANU JOJI AMRUTHA RAJU Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. 2 The Court made the following 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 petitioner/Accused on bail in Crime No. 11 of 2017 of Maredumilli Police Station, registered against the petitioner/Accused herein for the offences punishable under Section 8(c) read with 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). The case of the prosecution is that on 20.01.2017 at 1.00 PM, at the 2. outskirts of Maredumilli Village and Mandal, the police, apprehended the petitioner herein while he was in illegal possession of 10 Kgs of ganja in 5 packets. The police seized the ganja under the cover of a mediatornama and registered an FIR. During the investigation, the accused was apprehended and remanded to judicial custody on 20.01.2017. Thereafter the petitioner was enlarged on bail. The case was numbered as NDPS SC No.192 of 2017. During trial, on 17.03.2023 the petitioner failed to attend before the trial Court. Hence, the trial Court issued NBW against the petitioner. Mr.K. Joji Amrutha Raju, the learned counsel for the petitioner / 3. Accused contends that the petitioner is innocent of the alleged offence and 3 has been falsely implicated by the police. It is further submitted that no contraband was seized from the possession of the petitioner. Moreover, the alleged ganja involved in this case is below commercial quantity and it is urged to enlarge the petitioner on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that the petitioner was apprehended in similar nature of offence and further the petitioner is resident of Maharashtra State, and urged to dismiss the bail application. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner filed the present petition challenging the order dated 09.07.2025 in Crl.M.P.No.672 of 2025 in Crime No.11 of 2017 of Maredumilli Police Station, which crime was later culminated into NDPS SC No. 192 of 2017 on the file of the I Additional Sessions Judge, East Godavari at Rajamahendravaram. The learned trial Court constrained to issue NBW to the petitioner/accused on 17.03.2023 as the accused could not attend before the learned trial Court on that day. The petitioner was serving sentence in a case vide NDPS Spl.Case No.526 of 2025 on the file of the Additional Sessions Judge, Pune. The said fact was not brought to the notice of the learned trial Court. Therefore, the learned trial Court dismissed the CrI.M.P. No.672 of 2025. 4 7. Undoubtedly, the petitioner is native of State of Maharashtra. But, this is not a ground to incline to release him on bail. His presence could be secured before the learned trial Court. Therefore, this Court deems it appropriate to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused shall be enlarged on bail subject to he 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 I Additional District & Sessions Judge, East Godavari at Rajamahendravaram. The petitioner/Accused shall appear before the learned trial Court for each and every adjournment and cooperate for speedy disposal of the case. The petitioner/Accused shall not commit or indulge in commission of any offence in future. 8. Accordingly, the Criminal Petition is allowed. SD/- M.SRINIVAS ASSISTAN|^GISTRAR SECTION OFFICER //TRUE COPY// F To, 1. The I Additional Sessions Judge, East Godavari at Rajamahendravaram. 2. The Superintendent, Central Prison, Rajamahendravaram. 3. The Station House Officer, Maredumilli Police Station, ASR District. 4. One CC to SRI. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. One spare copy 6. HIGH COURT DR.YLR,J DATED: 18/08/2025 BAIL ORDER CRLP.No.7975 of 2025 ALLOWED aa cP ★