t+-, lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWELFTH DAY OF AUGUST z4Z TWO THOUSAND AND TWENTY FIVE ZZ TriONOURABLE D:RP:uEsSTEINcTE: Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8115 OF 2025 / Betwee n : Syed Mahammad umar, s/o. syed Ansar Basha, Aged about 23 years, Occ: Coolie, Residing at D.No.5/181, Akkayapalli, Kadapa, YSR District, Andhra Pradesh. ...PETITIONER/ACCUSED NO.4 AND The State of Andhra Pradesh, Represented by the station House OffllCer, Prohibition and Excise Police Station, Kadapa, YSR District, Thro State Public Prosecutor, High Court ofAndhra Pradesh, Amaravati. :sE# Petition under section 480 & 483 of BNS DENT/COMPLAINANT & 439 of Cr.P.C. is filed Praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the Petitioner/Accused.No.4 be released on bail in connection with the cr.No.38 oF 2025, PROH and EXCISE Station, Kadapa dated. 31.05.2025. / The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI DHEERA KANISHKA Advocate for the PetitI-Oner, and Of PUBLIC PROSECUTOR for Respondent, and the court made the following ORDER: I---- a Dr. YLR, J CrI.P.No.8115 of 2025 Dated 12.08.2O25 The Court made the`foIIowing: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of - the code of criminal procedure,1973 (for brevity c{he Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS]), seeking to enlarge the petitioner/Accused No.4 on bail in Cr.No.38 of 2025 of Prohibition & Excise Station, Kadapa District, registered against the petitioner/Accused No.4 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'). 2. The case of the prosecution is that on 31.05.2025, at about 08:00 A.M., on receipt of credible information regarding illegal possession of ganja, the Inspector of Police, Prohibition & Excise Station, along with his staff, secured the presence of mediators and conducted a raid near the old bus stand to Ravindranagar Bridge in Kadapa Town, apprehending five individuals, including the petitioner herein, who were alleged-ly found in possession of contraband. Upon enquiry -and search conducted in compliance with procedural safeguards, it is alleged that the petitioner was found in possession of a white plastic bag containing approximately 250 grams of dry ganja. The co-accused, A-1, was allegedly found with two kgs . of gapja in the dickeyfeo±his scooter, and it is further alleged that he had 3 Dr. YLR, J CrI.P.No.8115 of 2025 Dated 12.08.2025 distributed 250 grams eac|n to the petitioner anci other co-accused for the Purpose Of reSale. Based on their purported voluntary confessions, a]! the accused were arrested, and the contraband was seized under a , mediatomama. 3. Mr. Dheera Kanishka, the learned counsel for the petitioner contends that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. lt is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes {o strictly adhere to any conditions that may be imposed by this court. ln light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per cor7fra, Ms.P.Akhiia Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain- to .be I examined. lt is contended that if the petI'tiOner iS released On bail at this Stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. ln view of the foregoing, it ]'s ur`ged that the petition be clismissed. 5. Heard the leamed counsel for the petitioner anci the learned -I,Assists-n{ I, Public 'Prosecutor. Perused the record. *-- fad 4 Dr. YLR, J CrI.P.No.8115 of 2025 Dated 12.O8.2025 6. As seen from the record, the PetitiOnerWaS found in possession Of 250 grams of ganja, which is a non-commercial quantity. The petitioner/Accused No.4 was arrested on 31.05.2025 anc! has been in judicial Custody for the Past 60 days. The learned Assistan|l Public Prosecutor has reported that there are no adverse antecedents against the pet'ltioner. 7. Considering the period Of detention undergone by the Petitioner in judicial custody for the past 60 days, the nature and gravity Of allegation levelled against the petitioner, and h'ls alleged role played in this case, this court is inclined to enlarge the peti+lioner on bail with the following stringent conditions-. i. The petitioner/Accused No.4 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/- (Rupee; Ten Thousand only), with two sureties for the like Sum each to the satisfaction of the learned I Additional District Judge, Kadapa. ii. The pet-ItiOner/Accused No.4 shall appear before the Station House Officer concerned On every Saturday in between 10:00 am and o5:00 pm, till cognizance is taken by the learned the Trial Court- iii. The petitioner/Accused No.4 shall not leave the limits of the D'lstrict without Prior Permission from the Station House Officer -concerned. `_=-.---.= = -.----i--.` Eapj::agZEEESpe±ey I_ 5 Dr. YLR, J Crl.P.Nb.8115 of 2025 Dated 12.08.2025 iv. The petitioner/Accused No.4 shalt not commit or indu!gein commission of any offence`in future. v. The petitioner/Accused No.4 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 petitioner/Accused No.4 shall not, directly or 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. 8. Accordingly, the Criminal Petition is allowed. SD/-K. KASIRAO AC`HAR! //TRUE COPY// I To, 1. The Station House Officer, Prohibition and Excise Police Station, Kadapa, YSR District. 2. The I Adc]itional District Judge, Kadapa, YSR District. 3. The Superintendent, Central Prison, Kadapa, YSR District. 4. One CC to SRl. DHEERA KAN!SHKA, Advocate [OPUC] 5. Two CCs to PUBHC PROSECUTOR, High Court of Andhra Pradesh. [OPUC] 6. One spare copy HIGH COURT DR.YLR,J DATED: 12/08/2025 ORDER CRLP.No|8115 of 2025 ALLOWED