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2025 DAILYLAW 30468 (AP)
Sayed Farooque v. The State of Andhra Pradesh
CRLP/8786/2025 · 2025-08-28
Y Lakshmana Rao
body2025
[ 2025 DAILYLAW 30468 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 30468 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
lN THE HIGH COURT OF ANDHRA PRADESH AT FRIDAY, THE TWENTY NINTH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE./ . I \ '^ THE HONOURABLE DR JUSTICE Y. LAKSHMANA R :PRESENT `_ CRIMINAL PETITION NO: 8786 OF 2025 tr,, Between : .......`
1. Sayed Farooque, S/o. Arif, aged about 23 Years, Hosur Town, Shoolgiri TK, Krishna Girl District, Tamil Nadu State. `7
2. Mani Venira~tesh, S/o. Venkatesh, aged about 37 years, Hosur Town, Shoolgiri TK, Krishna Girl District, Tamil Nadu State. `\~+rf AND ...Petitioner/A3 & A4 I The State of Andhra Pradesh, Throulgh Station House Officer, Tuni Rural police station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District.L~ tr, ..,Respondent/Complainant Petition under Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court maygrbe pleased {o release the petitioner on Bail in connection \- with NDPS. SC.No.60 of 2021 in FIR No. 89 of 2021 of Tuni Rural Police station u/s8 © r/w 20(b)(ii)(C) of NDPS Act,1985, dated 28-06-2021. rf The petition coming on for hearing, upon perusing the petition and the grounds fI-led in Support, thereof and upon hearing the arguments Of \_,,-- Sri Kakumanu Joji Amrutha Raju, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following \ --.-. --
I --..--l'JT---±J;I APHCO10440332025 EELE IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATl (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO £LRIMINAL PETITION NO: 8786 OF 2_OL2§ Betwee n :
1.SAYED FAROOQUE, S/O. ARIF, AGED ABOUT 23 YEARS,HOSUR TOWN, SHOOLGIRI TK, KRISHNA GIRI DISTRICT, TAMIL NADU STATE 2.MANI VENKATESH, S/O. VENKATESH, AGED ABOUT 37 YEARS, HOSUR TOWN, SHOOLGIRI TK, KRISHNA GIRI DISTRICT, TAMIL NADU STATE ...PETITIONER/ACCUSED(S) AND 1,THE STATE OF ANDHRA PRADESH, . Through Station House Officer, Tuni Rural Police Station, Rep. by its Public Prosecutor, High Court of An.dhra Pradesh, Amaravathi, Guntur District .URESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(s):
1.
KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court macle the following Order : The Criminal Petition has been filed under Sectl'on 480 and 483 of the Bharatiya Nyaya Sanhita, 2023 (for brevity fBNSSJ) seeking to enlarge the Petitioners/Accused No.3 and 4 on bail in Crime.No.89 of 2021 of Tuni Rural _ a
L-___ _ \ Police Station, Kakinada District for the offence under Sections 8(c) read with 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity {the NDPS ActJ). 2. The case of the prosecution is that on 03.04.2O21, on receipt of credible information regarding illegal transportation of contraband, Police secured the two mediators and rushed to NH-16 at Jagannathagiri Centre within the limits of S.Annavaram of Tuni MandaI, found the Petitioner along with other accused, whey they were in possession of 30 Kgs of contraband and the same was seized under cover of panchanama and registered the above crime. 3. Mr. Kakumanu Joji Amrutha Raju, learned counsel for the Petitioners, submits that the Petitioners have not committed any offence, they were falsely implicated I'n the Case; they are the SOle bread-Winners Of their family; they are ready to abide by any conditions imposed by this Court and urged to enlarge the Petitioners on bail. 4. Per oor7fra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, argued that pr,-ma fac,Je material is available against the Petitioners that they have indulged in possession of ganja. T-he investigation is still in proglress and urged to dismiss the Petition. 5. Heard leaned counsel for the Petitioners and learned Assistant Public Prosecutor. Perused the record. I. `bl `
6. As the Petitioners/ Accused No.3 and 4 failed to attend before the learned Trial Court on 29.04.2023, the learned Trial Court was constrained to issue Non Bailable Warrant against the Petitioners. The Petitioners were arrested on 23.05.2025, ever since, they have been in judicial custody. The Sessions Case is of the year 2021. Only on one occasion, when the petitioner did not appear before the learned Trial Court, the Trial Court, issued Non Bailable Warrant. Of course, after lapse of 2 years of execution of Non Bailable Warrant, the Petitioners were app'rehended. The Petitioners are permanent residents of Tam'llnadu State.
If one more chance is provI'ded tO them for securing their presence by the learned Trial Court, the ends of justice would be sub-served. Of course, during pandamI-C Covid-19 for about 2 years, there was no much progress in the trial. 7. Considering the facts and circumstances of the case and in view of the fact that there were no adverse antecedents was recorded against them, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions: (i) The Petitioners/ Accused No.3 and 4 shall be enlarged on bail subject to their executing a personal bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) each wI-th two Sureties each for the like sum each to the satisfaction of the learned I Additional Sessions Judge-Special Judge for Trial of offences, under NDPS Act,1985, East Godavari at Rajamahendravaram. (ii) The PetitI-OnerS/ Accused No.3 and 4 shall appear before the learned the Trial Court on each and every adjournment without fail. Failure to attend
before the learned Trial Court on any date, the learned Trial Court is at liberty to secure the presence of the petitioners in any mode. 8. Accordingly, the Criminal Petitl'on is allowed. To, J SD/-M.PRABHAKARA RAO //TRUE COPY// ASSISTA SECTI:Tri :Pa~EF: iSTRAR OFFICER
1. The I AdditI-Onal Sessions Judge-Special Judge for Trial of offences, under NDPS Act,1985, East Godavari: Rajamahendravaram. ~ 2: The Superintendent, central Prison, Rajamahendravaram. ~
3. The Statl'on House officer, Tuni Rural police Station, East Godavari Djstrjct. \~
4. One CC to Sri Kakumanu JoJj AmFrfha Raju, Advocate [opuc] |/
5. Two ccs topuBLIC PROSECUTOR, HI-gh Court of A.P., Amaravati.[ouT] L~
6. One spare copy. u/ PSD
HIGH COURT DR.YLR,J DATE :29/08/2025 BAIL ORDER CRLP.No.8786 of 2025 ALLOWED T¥as`, I- I