APHC010435532025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: Between: 1. SHAIK SAJID ALIAS S SHAJID, S/O (LATE) BAVAJI, R/O MINIKI VILLAGE, RAMASAMUDRAM MANDAL, CHITTOOR DIST 1. THE STATE OF ANDHRA PRADESH, Rep by Public Prosecutor, High Court of AP, Amaravati Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following 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 seeking to enlarge the Petit 2025, on the file of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8700 OF 2025 SHAIK SAJID ALIAS S SHAJID, S/O (LATE) BAVAJI, R/O MINIKI VILLAGE, RAMASAMUDRAM MANDAL, CHITTOOR DIST ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by Public Prosecutor, High Court of AP, Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: D PURNACHANDRA REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 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 o enlarge the Petitioner/Accused No.1 on bail in Crime No. 2025, on the file of Patamata Police Station, NTR Commissionerate, IN THE HIGH COURT OF ANDHRA PRADESH [3521] MONDAY,THE EIGHTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO SHAIK SAJID ALIAS S SHAJID, S/O (LATE) BAVAJI, R/O MINIKI VILLAGE, RAMASAMUDRAM MANDAL, CHITTOOR DIST ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep by Public Prosecutor, High ...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 (for brevity ‘the BNSS’), on bail in Crime No.174 of NTR Commissionerate, registered against the Petitioner/Accused No.1 herein for the offence punishable under Section 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. 2. The case of the prosecution is that on 04.04.2025 at 3.30 p.m, SHO of Police, on receipt of credible information, started conducting vehicle checking, which are coming from Gannavaram and proceeding towards Vijayawada near NH 16. During search the Police found one Mahindra Bolero car coming towards them and that the Accused on seeing the Police at some distance, stopped the car at a road margin and tried to escape. The Police caught hold of them. On enquiry, the said persona alleged to have confessed about their role and participation in the alleged commission of offence. The Police found 40 brown colour packets, totaling 80 Kgs of ganja and the same was seized along with said vehicle, apprehended the Accused and registered the above case. 3. Sri D.Purna Chandra Reddy, the learned counsel for the Petitioner contends that the Petitioner is innocent of the alleged offence and has been falsely implicated by the Police. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court, and prays that the Petition be allowed in the interest of justice. 4. Per contra, Ms. P. Akhila 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 examined. It is contended that if the Petitioner 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. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the Petitioner/ Accused No.1 is that he along with other Accused had indulged in dealing with 80 Kgs of ganja. Material portion of investigation is completed. Prime witnesses have been examined. All the witnesses are official witnesses. The Petitioner is permanent resident of Miniki Village, Ramasamudram Mandal, Chittoor District. He was arrested on 04.04.2025. He has been in judicial custody for the past 153 days. This is second bail application. 7. Earlier, on 30.06.2025 learned Single Judge of this Court in Crl.P.No.6137 of 2025, while enlarging the Accused No.2 on bail, dismissed the Petition against the Petitioner/ Accused No.1 on the representation made by the learned Assistant Public Prosecutor that there were crimes registered against the present Petitioner in other States also. Thus, there was representation from the Prosecution side that he was an Interstate Offender. 8. Indeed, now the learned Assistant Public Prosecutor submits that there are no cases pending against the Petitioner in other States and he is not an Inter-state Offender. There was a case registered in the year 2017 against the Petitioner under provisions of ‘the NDPS Act’. Charge Sheet was not filed, because the Investigating Officer is yet to apprehend four more Accused. The case of the Petitioner/ A1 is standing on similar footing of the Accused No.2 in favour of whom on the principle of parity, this Court granted bail to him on 30.06.2025 itself. Entire investigation is completed, charge sheet could not be filed for want of apprehending some more Accused. 9. Considering the entire gamut of the case, nature and gravity of allegation levelled against the Petitioner, and his alleged role specifically played in this case, this Court is inclined to enlarge the Petitioner No.1 on bail with the following stringent conditions: i) The Petitioner/Accused No.1 be enlarged on bail subject to their executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Vijayawada City. ii) The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii) The Petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv) The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v) The Petitioner/Accused No.1 shall co-operate 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.1 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. 10. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 08.09.2025 KK