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2025 DAILYLAW 5339 (AP)

PUDIYAPARAIL SAMAD v. THE STATE OF ANDHRA PRADESH

CRLP/928/2025 · 2025-02-07

K Sreenivasa Reddy

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDYI CRIMINAL PETITION NO: 928 OF 2025 Between : [3327] Pudl-yaparail samad, s/o. Mazeed Aged 44 Years, R/o. MadathiI, Pe Post Arayanagadipara, AzahI-kOde South, Kannuru District, Kerala State. Petl-tioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh at Amaravati Through the station House Officer Martur Police Station, Bapatla District Respondent/Complainant Petl-tl®on under sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatl-ya Nagarik Suraksha Sanhita,2023), is filed praying that l'n the circumstances stated jn the memorandum of grounds filed l'n support of the CrimI-hal Petition, the High Court may be pleased to enlarge the Petitioner/Accus ed No.1 on bail in NDPS SC No.18 of 2023 on the file of the court of lst Additional District and sessions Judge Gum Special Judge for Trail of NDPS Act Cases at ongole,. Prakasam Dl'strict I'n the interest of justice. The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and- upon hearing the arguments of SrI- SHAIK JAHANGEER BASHA, Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the followl-ng ORDER . ----1.-.I APHCO10044812025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 928/2025 Between : Pudiyaparail Samad .,.PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. SHAIK JAHANGEER BASHA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made 'the followl-ng ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, seeking regular bail, in S.C. No.18 of 2023 on the file of the I Additional District & Sessions Judge-Gum-Special Judge for Trial of cases under the NDPS Act, Ongole, Prakasam District. _ --.---= [3327] 2. A case has been registered against the petitioner herein and others for the offence punishable under Section 20(b)(li)(A) read wI-th 8 (c) of the Narcotic Drugs and psychotropic Substances Act, 1985 (for short {the NDPS Actj). 3. Caseofthe prosecution, I'n brief, isthat, on the ml-dnightof 19.02.2023, on receipt of information about I'llegal possession of GanJ'a, the Inspector Of Police, Martur Police Station, along with his staff, accompanied by mediators, reached BoIIapalli Toll plaza, Martur Mandal and found accused No.1, 4 & 5 trying to escape in a car. Immediately, the Inspector of police apprehended the accused and found 49 packets of Ganja (each weighl'ng about 2 Kgs), in their possession and seized the Ganja in the presence of mediators, under the cover of medI'atOrS report. 4. Heard. Perused the record. 5. A perusal of the material on record goes to show that entire investigation has been completed and the police have filed charge-sheet and the same was taken on file as S.C.No.18 of 2023 on the file of the I Additional District & Sessions Judge- sis fJ ---9 T :----==_--- S``S' Gum-Special Judge for Trial of cases under the NDPS Act, Ongole, prakasam District. The petitioner was arrested on 21.02.2023. For the last about two years, the petitioner is languishing jn J'ail. Learned Assistant Public Prosecutor also submitted that investigation is completed and charge-sheet is filed. 6. ln view of the aforesaid facts and circumstances of the case, this Court I-s inclined to grant bail to the petitioner/Al on the following condI'tiOnS. i) The petitioner/Al shall be released on bail on his executing personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two suretl'es of the ll'ke sum each to the satisfaction of the learned I Additional District & sessions Judge-Gum-special Judge for Trial of cases under the NDPS Act, Ongole, Prakasam District. ii) petitioner herein/Al shall not go beyond the J'uriSdiCtiOn of Prakasam district, Andhra Pradesh state, without leave of the trial Court and he sha" make available their location through mobile phones by pairing him with the mobile phone of the Investigating officer round the clock. 7. Accordingly, the Criminal Petition is allowed. 1. The Trl'a I 2. The 3. The 4. The station House offl'cer Martur police statl'on, Bapatla Dl-strict . _ _..., _.v`,,v, ua,I, UUgUIe, rraKasam District. 5. One cc to sRl. SHAIK JAHANGEER BASHA Advocate [opuc] 6. Two ccs to the puBuC PROSECUTOR, Hl'gh court ofA.P [OPUC] 7. One spare copy To, nsk Sd/- K.TATA RAO //TRUECOPY// I DEPUTYREGISTRAR For , G#Lat SEC"ON OFFICER I Addl-tl'onal District & sessions Judge-Gum- special Judge for of cases under the NDPS Act, Ongole, prakasam District. Jud,'c,'al fl'rst class Mag,'strate, Addanki, prakasam District. superintendent, Dl'strjct JaI'l, Ongole, Prakasam Distrirt a+A+;__ I I_.__ ,_,I.. HIGH COURT SRK,J DATED..07/02/2025 BAIL ORDER CRLP.No.928 of 2025 ALLOWED -I .-_- ._rs ^..'` `` . ,-q