IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV> TUESDAY, THE TWENTY NINETH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3376 OF 2025 Between: 1. Momin Ejaz Momin Raees Julah, S/o. Momin Races Julah, Aged about 26 years, R/o.Beedmalala, Mominpura Bid, Beed, Maharastra 2. Prakash Mangilal Jadav, S/o. Mangilal, aged abt 38 years, R/o. Water Tank, Vikhale Village, Varangaob post, Jalagaon District, Maharastra, near ...Petitloners/A1 & A2 AND The State of Andhra Pradesh, SHO, Nakkapalli P.S., VIzakapatanam, Represented by its Public Prosecutor, High Court of Andhra Pradesh i Amaravati, Guntur District. at ...Respondent Petition under Section 480 & 483 of BNSS, 2023 is filed & 437 & 439 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioners on Regular Bail in respect to the Crime No.303/2024 on the file of NAKAPALLI P.S, Visakapatanam; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Tinnavalli Venkata Manoj, Advocate for the Petitioners and Public Prosecutor for the Respondent: THE HONOURABLE'SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.3376 of 2025 Order: This Criminal Petition under Sections 480 and 483 of the BNSS, has been filed by the petitioners herein/A1 and A2, seeking regular bail in Crime No.303 of 2024 of Nakkapalli Police Station, Anakapalli District, registered for the offences punishable under Sections 20(b)(ii)(C) read with 8(c). 25 of the NDPS Act. Case of the prosecution, in brief, is that on 19.10.2024, on receipt of credible information, the ASI along with his staff and mediators rushed to NH-16 road Kagitha Junction, towards Visakhapatnam to Tuni, and caught the accused in possession of 146 Kgs of Ganja. The contraband along with other material was seized under the cover of mediators report. 2. Heard. Perused the material on record. At the time of hearing, learned counsel for the petitioners seeks permission of this Court to withdraw the Criminal Petition in respect of 2"^^ petitioner/A2. Permission is accorded. Therefore, the petition in respect of 2^^ petitioner/A2 is dismissed as withdrawn. Learned counsel for the petitioners contended that the 1 petitioner/AI was arrested on 19.10.2024 and since then he has been in judicial custody and that statutory period of 180 days is completed and police have not filed charge sheet and requests to enlarge the 1 petitioner/AI on bail. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period is completed and no extension petition is filed seeking time for conducting further investigation, but opposed to grant bail. 3. 4. St 5. St 6. 2 7. As seen from the record, the 1" petitioner/A1 was remanded to judicial custody on 19.10.2024 and charge sheet has Most of the witnesses of the accused would not been filed, release It is permanent abode and there is no are shown to be official witnesses and the not cause hampering of investigation. submitted that the 1^‘ petitioner/A1 had possibility of his fleeing away from justice. 8. In view of the aforesaid facts Court is inclined to and circumstances of the case, this grant bail to the petitioner/A1 with the following conditions; '■ The petitioner/A1 shall be released on bail on his executing a personal bond for Rs. 1,00,000/- (Rupees sureties for a like one lakh only) with two (02) sum each to the satisfaction of the learned I Additional District and Sessions Judge cum-Special Judge for Trail of Offences under NDPS Act, Visakhapatnam. II. On release, the 1** petitioner/AI House Officer shall appear before the Station concerned, once in a fortnight, for a period of four (4) months. iii. The 1=1 petitioner/AI is directed not ot hamper the I and tamper with the investigation. 9- Accordingly, the Criminal petition i investigation co-operate with the prosecution witnesses and shall IS oartlv allowed. SD/- A. VIJAYA 6ABU ASSJSTANT^^STRAR F SECriOf^ OFFICER 1. The I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Nakkapalli Police Station, VIzakapatanam 4. One CC to Sri. Tinnavalli Venkata Manoj, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP [OUTl 6. One spare copy //TRUE COPY// To, » • . COURT •• s t TMR,J DATED:29/04/2025 ORDER , A fo •F y O MM2SS: CRLP.No.3376 of 2025 Oj mil 08 ■. X ALLOWED