Pathan Nayab Rasool v. The State of Andhra Pradesh
CRLP/13330/2025 · 2025-12-30
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54167 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54167 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010702132025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13330/2025 Between:
PATHAN NAYAB RASOOL, S/O. SUBHANI,AGED ABOUT 20 YEARS, OCC TAILORING,R/O. KAMMAPALEM, ONGOLE,PRAKASAM DISTRICT. ...PETITIONER/ACCUSED No.2 AND THE STATE OF ANDHRA PRADESH, , Rep. by its Public Prosecutor,High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
KISHORE KUMAR KATARI Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
2 Dr.YLR,J Crl.P.No.13330 of 2025 Dated 31.12.2025
The Court made the following: ORDER:
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.2 on bail in Crime No.735 of 2025 of Ongole Taluk Police Station, Prakasam District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the Petitioner/Accused No.2 is that he was found in possession of 2.5 Kgs of ganja. It is not a commercial quantity. There are no similar criminal adverse antecedents reported against the petitioner. The petitioner is a permanent resident of Kammapalem, Ongole, Prakasam District. He has got fixed abode. No application was filed seeking custodial interrogation of the petitioner. The petitioner was arrested on 24.11.2025. He has been in judicial custody for the past 37 days. So far, eight witnesses have been examined, they are all material and official witnesses. The petitioner may not venture to threaten the official witnesses or tamper with the evidence or hamper the investigation if he
3 Dr.YLR,J Crl.P.No.13330 of 2025 Dated 31.12.2025
is enlarged on bail with some stringent conditions. Since the petitioner has got fixed abode, he may not evade from the process of law. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail. 5.
In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to him executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum to the satisfaction of the learned III Additional Metropolitan Magistrate, Ongole. ii. The Petitioner/Accused No.2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.2 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. 4 Dr.YLR,J Crl.P.No.13330 of 2025 Dated 31.12.2025
v. The Petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The Petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 31.12.2025 PRA