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2025 DAILYLAW 33202 (AP)

MOHA WASEEM v. THE STATE OF ANDHRA PRADESH

CRLP/7923/2024 · 2025-03-24

T Mallikarjuna Rao

body2025

Judgment text

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L£j= L ''\ < -\->`ng` IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ~7 MONDAY, THE TWENTY FOURTH DAY OF MARCH # T`^/A TI I^l fr`^Lll` A Ltl` _-I.I-.._. _ ___ __ TWO THOUSAND AND TWENTY FIVE I;#£t :PRESENT: i¢*`. '\ 'i\ THE HONOURABLE SRI JUSTICE T MALLIKARJUNA R/ CRIMINAL PETITION NO: 7923 OF 2024 Between : tsfta_=6Li il\€ : 2 ¥``i. l~.¥-`~ i` . 1. Moha Waseem, S/o Rais Malik @ Raisudden , Aged about 34 years, R/o PIot No.154/1, Sastripuram, Nawab Saheb Kunta, Rajendra Nagar, Rangareddy District, Telangana state, N/o New Samar Garden Colony, 60 ft road. Near Jamml'a Masque, Mirat district, uttar pradesh state. 2. lnfroz Alam, S/o Haroon, Aged about 29 years, R/o T-73, Hazrath Nizamuddin, south Delhi, 3. Ruquaiya Kursheed, c/o lshrat UIla Aged about 35 years, R/o Ala/3 block S, Jogabai Extn., Jaml®a Nagar, South Delhl-. ...Petitioners/A-1 to A-3 AND The State ofAndhra Pradesh, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Vizianagaram Rural Police Station Vizianagaram District. ...Respondent petition under Sections 437 & 439 of Cr.P.C (Under Sectl'ons 480 & 483 of BNSS) praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal Petition, the High Court may bet pleased to enlarge the petitioners on Regular Bail in connection wl-th crime No. 169/2024 on the file of Vizianagaram Rural Police Station, Vl'zianagaram District. The Petition coming on for hearing, upon perusI'ng the Petl'tion and the' memorandum of grounds filed jn support thereof and upon hearing the` arguments of SRI SRAVAN KUMAR NAIDANA Advocate for the petitioners, and of PUBLIC PROSECUTOR, for the Respondent,I Betwee n : Moha Waseem and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Coult made the following: This Criminal Petition under Sections 480 and 483 of the BNSS, has been filed by the petitioners herein/Al to A3, seeking regular bail in Crime No.169 of 2024 of Vizianagaram Rural Police Station, registered for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the NDPS Act. 2. Case of the prosecution, in brief, is that on 19.08.2024, on receipt of credible information, the Sub-Inspector of Police along with her staff and mediators rushed to Vasantha Vihar Layout, Dharmapuri, and caught the accused in possession of 22.785 Kgs of Ganja. The contraband along with other material was seized under the cover of mediators report. 3. Heard. Perused the material on record, `T_- tr-`- krI ._`--`.-_- 4. Learned counsel for the Petitioners contended that the Petitioners were arrested on 19.08.2024 and since then they have been in judicial custody and that statutory per-lod of 180 days is completed and POliCe have not filed charge sheet and requests to enlarge the petitioners on bail. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. 6. As seen from the record, the Petitioners Were remanded tOjud'lCiaI custody on 19.08.2024 and charge Sheet has not been filed. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation. The petitioners had permanent abode and there is no possibility of their fleeing away from justice. lt is submitted by the learned Assistant Public Prosecutor that the petitioners herein have no previous crime record. 7. ln view Of the aforesaid facts and Circumstances Of the Case, this court is inclined to grant bail to the petit-loners herein with the following conditions: i. The petitioners herein/Al to A3 shall be released On bail On their executing a personal bond for Rs.25,000/-(Rupees twenty five thousand only) each with two (o2) sureties for a like Sum each tO the Satisfaction \=---== ------ + of the learned special Judge for Trial of Cases under NDPS Act-Gum-I Additional Sessions Judge, Vizianagaram. ii. on release, the petitioners shall appear before the Station House Officer concerned, Once in a fortnight i.e., On lst and 15th of every month between 10.00 AM and 01.00 PM.I for a Period Of three (3) months. iii. The petitioners are directed not tO hamper the investigation and tamper with the prosecution witnesses. 8. Accordingly, the Criminal petition is allowed. SD/- P.VINOD KUMAR ASSISTANT STRAR //TRUE COPY// SECTION OFFICER I To'1. The Special Judge forTrfal of Cases under NDPS Act-Gum-I Additional sessions Judge, V-lzianagaram, Vizianagaram District 2. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District 3. The Station House Officer, Vizianagaram Rural Police Station Vizianagaram District. 4. One CC to SRl. SRAVAN KUMAR NAIDANA Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR T/ HIGH COURT TMR,J DATED : 24/03/2025 BAIL ORDER CRLP.No.7923 of 2024 ALLOWED I,,,?a' fir= •! £± i ;:;:*!£? * .`_i:.=`=\ ,` !^. l:it`:..!` ;. th® 1- L& NI&R 1%\l