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High Court of Andhra Pradesh · body

2025 DAILYLAW 31658 (AP)

Shaik Munna alias Motu v. The State of Andhra Pradesh

CRLP/9203/2025 · 2025-09-11

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATj^ FRIDAY, THE TWELFTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE ^ iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 9203 OF 2025 -5" Between: Shaik Munna @ Motu, 24 years, S/o Vali Basha, Masjeed Street, Opp Tarakarama Nagar Katta, Krishnalanka, Vijayawada ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of A.P., Amaravathi Through S.H.O., Krishna Lanka Police Station, Vijayawada, N.T.R District. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), 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 release the Petitioner/Accused No;2 on bail in connection with the Crime No.54 of 2025 of Krishna Lanka Police Station, Vijayawada, N.T.R District. Counsel for the Petitioner : Sri Vikram Kalapala Counsel for the Respondent : Ms.P.Akhila Naidu Assistant Public Prosecutor. The Court made the following ORDER: 2 / ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Crime No.54 of 2025 of Krishnalanka Police Station NTR District, registered against the petitioner/Accused No.2 herein for the offence punishable under Section 8 (c) r/w 20(b)(ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: 2. The case of the petitioner, in brief, is that on 16.06.2025 at about 11.30 hours on receipt of reliable information, the Sub-Inspector of Police, Krishnalanka Police Station along with mediators and staff, rushed to the scene of offence i.e. near Rajiv Gandhi Flower Market, Krishnalanka, Vijayawada and notice five persons with bags. On seeing the police, the said persons tried to escape from the scene of offence. The police apprehended them and on interrogation, they confessed that they have in possession of 25 Kgs of ganja. The police seized the contraband of 25 Kgs under the cover of a mediators’ report and registered a case in the aforementioned crime. The accused were remanded to judicial custody. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Kalapala Vikram, learned Counsel for the Petitioner submits that the petitioner is the paint worker and he is falsely implicated in this case. The 3 petitioner is permanent resident of Krishnalanaka of Vijayawada, NTR District and he undertakes to strictly adhere to any conditions that may be imposed by this Court. In the light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. ARGUMENTS OF THE STATE: 4. Per contra, Ms.Akhila Naidu, learned Assistant Public Prosecutor, submits that huge quantity i.e. Kgs 25.115 Grams of ganja was involved in this case and the same was seized from the petitioner along with other accused. She submits that charge sheet was filed, /taken on file and the same was numbered as NDPS SC No. 141 of 2025. POINT FOR CONSIDERATION: In the light of the case of the prosecution and the contentions of the 5. learned Counsel for both the sides, now the point for consideration is: Whether the Petitioner is entitled for grant of bail? ANALYSIS: 6. As seen from the record, the allegation against the petitioner/Accused No.2 is that he has been indulged in dealing 25 Kgs of ganja along with other accused. The petitioner was arrested on 29.04.2025. He has been in the judicial custody for the past 145 days. After thorough investigation, charge sheet has been filed and the same was numbered as NDPS SC po.141 of 2025. The petitioner is permanent resident of Krishnalanka, Vijayawada of 4 NTR District. He has permanent abode. Since the charge sheet has already been numbered as NDPS S.C. No.141 of 2025, it will take a considerable length of time for commencement and disposal of the trial. Till such indefinite period, keeping the petitioner/accused in judicial custody would not be warranted in the facts and circumstances of the case. CONCLUSION: 7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner/Accused No.1, this Court is inclined to enlarge him on bail with the following stringent conditions.; The petitioner/Accused No.2 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees Twenty thousand only), with two sureties each for the like sum I. each to the satisfaction of learned II Additional Judicial Magistrate of First Class, Vijayawada. ii. The petitioner/Accused No.2 shall appear before the learned Trial Court for each and every adjournment without fail, iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. IV. 5 \ The petitioner/Accused No.2 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 V. from disclosing such facts to the court or to any police officer. The petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the VI. Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. SDI- K.J.RAJA BABU ASSISTANTllREaiSTRAR SECTION OFFICER //TRUE COPY// F To, 1. The II Additional Judicial Magistrate of First Class, Vijayawada. " 2. The Superintendent, Central Prison, Nellore, SPSR Nellore District. 3. The S.H.O., Krishna Lanka Police Station, Vijayawada, N.T.R District. 4. OneCCto SRI. VIKRAM KALAPALA Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT, 6. One spare copy / cvss f HIGH COURT Dr.YLR.J DATED: 12/09/2025 BAIL ORDER CRLP.No.9203 of 2025 ALLOWED