APHC010501362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9971 OF 2025 Between: 1. AKTHAR RASHID, S/O LATE MOHAMMAD ZAHID, ABOUT 35 YEARS, R/O H.NO 38-5-28/2, MAJEED STREET, MARRIPALEM, VISHAKAPATNAM CITY, N/O HIRAN BARI, 1ST LANE, TIRATTA BAZAAR, CHITTRANJAN AVENUE, KOLKATA. WEST BENGAL. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of A.P., Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. ABDUS SALEEM Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the followingOrder : TheCriminal Petition has been filed under Section528 of theBharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘BNSS’) seeking to modify the Order dated 13.08.2025 passed by the learned I Additional District and Sessions Judge –cum- Special Judge for Trial of offences under NDPS Act, Visakhapatnam in Crl.M.P.No.2325 of 2025 in Crime No. 355 of 2025 of P.M.PalemPolice Station, Visakhapatnam District. 2. The case of the prosecution is that the Petitioner/ Accused No.2 was found in possession of 1.5 Kgs of ganja. 3. Mr. Abdus Saleem, learned counsel for the Petitioner, submits that the Petitioner has not committed any offence, he was falsely implicated in the case. The Petitioner was enlarged on bail dated 13.08.2025 passed in Crl.M.P.No.2325 of 2025 by learned I Additional District and Sessions Judge – cum- Special Judge for Trial of offences under NDPS Act, Visakhapatnam, on his execution of personal bond for Rs. 50,000/- with two sureties for like sum each to the satisfaction of the learned XVI Additional Judicial Magistrate of I Class, Bheemunipatnam and other conditions. 4. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor urged to dismiss the Petition. 5. Heard leaned counsel for the Petitioner and learned Assistant Public Prosecutor. Perused the record. 6. The condition imposed on the Petitioners/Accused No.2 in Crl.M.P.No.2325 of 2025 dated 13.08.2025 that he shall execute a personal bond for Rs.50,000/- each with two sureties for a like sum each to the satisfaction of the learned XVI Additional Judicial Magistrate of I Class, Bheemunipatnam, is hereby modified as follows: The Petitioner/Accused No.2 herein shall be released on his executing a personal bond for Rs.10,000/- each with two sureties eachfor a like sum each to the satisfaction of the learned XVI Additional Judicial Magistrate of I Class, Bheemunipatnamand the remaining conditions as imposed by the I Additional District and Sessions Judge – Special Judge for Trial of offences under NDPS Act, Visakhapatnam shall stand same. 7. Accordingly, the Criminal Petition is allowed. ________________________ DR. Y. LAKSHMANA RAO, J Date: 26.09.2025 Note: Issue C.C by today B/o KK