IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAJ TUESDAY, THE SIXTH DAY OF MAY, ^ TWO THOUSAND AND TWENTY FIVE X ^ rPRESENT: \ T^Ht HONOURABLE SRI JUSTICE T MALLIKARJUNA I^O'^C^ CRIMINAL PETITION NO: 4602 OF 2025 *«' bi ■y. m % Between: Mirza Mujahid Ajij Beg, S/o. Ajij Beg, aged about 41 years, R/o. Kajika House, Bazar Galli, Khultabad, Aurangabad District, Maharashtra State. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail pending disposal of Crime No.20/2025 of Visakhapatnam Railway P.S., Visakhapatnam; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Gollapalli Maheswara Rao, Advocate for the Petitioner and Public Prosecutor for the Respondent; IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT: T^Ht HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4602 OF 2025 Between: Mirza Mujahid Ajij Beg, S/o. Ajij Beg, aged about 41 years, R/o. Kajika House, Bazar Galli, Khultabad, Aurangabad District, Maharashtra State. / ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail pending disposal of Crime No.20/2025 of Visakhapatnam Railway P.S., Visakhapatnam; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Gollapalli Maheswara Rao, Advocate for the Petitioner and Public Prosecutor for the Respondent; APHC010217932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4602/2025 Between: Mirza Mujahid Ajij Beg ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition u/Sec.480 & 483 of B.N.S.S. has been filed by the petitioner/accused seeking regular bail in Cr.No.20/2025 of Visakhapatnam GRP Vijayawada. The above said crime was registered against the petitioner and 2. others for the offence punishable u/Sec.20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). The case of the prosecution is as follows; 3. On 25.01.2025 in between 2.30 pm and 4.30 pm, on receipt of credible information about illegal possession and transportation of ganja, the Sub Inspector of police, GRP Visakhapatnam Railway Station along with his staff and mediators conducted checking at platform no.7 of Visakhapatnam Railway Station and found the 2 accused in suspicious circumstances. On seeing police, he tried to escape. Then police apprehended him and on enquiry, he disclosed his identity particulars as that of accused and police found 4 kgs of ganja in his possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand. Learned counsel for the petitioner/accused contended that even 4. according to the case of the prosecution, the petitioner was arrested when he was found in possession of 4 kgs of ganja, which is a non commercial quantity and the petitioner is languishing in jail from 25.01.2025 and prays to allow the criminal petition. On the other hand, learned Assistant Public Prosecutor opposed 5. for grant of bail to the petitioner but fairly conceded that the contraband seized is below commercial quantity. He further submitted that the petitioner has no previous antecedents. 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioner submitted that the contraband alleged to be seized from the possession of the petitioner is only 4 kgs of ganja which is not commercial quantity. The petitioner has been in judicial custody from 25.01.2025 and he has permanent abode. As the contraband seized is not of commercial quantity, no reasons need to be recorded as contemplated u/Sec.37 of the NDPS Act. Most of the witnesses are shown to be official witnesses and the release of the 3 accused would not cause hampering of investigation. As most of the investigation might have • been completed and the petitioner has permanent abode and there is no possibility of his fleeing away from justice, as such, this Court is inclined to grant bail to the petitioner. 11. In the result, the criminal petition is allowed with the following conditions: i. The petitioner/accused herein shall be released on bail on his executing a personal bond for Rs. 10,000/- (Rupees ten thousand only) with one surety for a like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways; Visakhapatnam; ii) After release, the petitioner shall attend before the Station House Officer concerned once in a week in between 10.00 am and 1.00 pm for a period of two (02) months; and iii) that the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. SDI- K. KASIRAO ACHARl assistant SECTION OFFICER STRAR ijSr 'O //TRUE COP' To, The VI Additional Judicial Magistrate of I Class for Railways, Visakhapatnam. The Superintendent, Central Jail, Visakhapatnam. The Station House Officer, Visakhapatnam Railway Police Station Visakhapatnam. One CC to Sri. Gollapalli Maheswara Rao, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy 1. 2. 3. 4. 5. 6. MM HIGH COURT TMR,J DATED:06/05/2025 ORDER CRLP.No.4602 of 2025 ALLOWED O 10 o m V)1 Co * i'5: jPgSPATC^