MOMIN EJAZ MOMIN RAEES JULAH v. THE STATE OF ANDHRA PRADESH
CRLP/978/2025 · 2025-02-17
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5511 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5511 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 978 OF 2025 Between:
1. Momin Ejaz Momin Raees Julah, S/o. Momin Raees Julah, Aged about 26 years, R/o.Beedmalala, Mominpura Bid, Beed, Maharastra,
2. Prakash Mangilal Jadav, S/o. Mangilal, aged about 38 years, R/o.near Water Tank, Vikhale Village, Varangaob post, Jalagaon District, Maharastra, ...Petltioners/A1 & A2 AND The State of Andhra Pradesh, SHO, Nakkapalli P.S., Visakapatanam, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. ...Respondent Petition under Section 480 of BNSS 2023, and Old Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioners/A1 and A2 on Regular Bail in respect to the Crime No.303/2024 on the file of Nakapalli Police Station, Visakhapatnam.
J This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Tinnavalli Venkata Manoj, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following:
APHC010047402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO. 978 OF 2025 Between:
1.MOMIN EJAZ MOMIN RAEES JULAH, S/0. MOMIN RACES JULAH, AGED ABT 26 YEARS, R/O.BEEDMALALA, MOMINPURA BID, BEED, MAHARASTRA, 2.PRAKASH MANGILAL JADAV,, S/0.
MANGILAL, AGED ABT 38 R/O.NEAR WATER TANK, VIKHALE VILLAGE, YEARS VARANGAOB POST, JALAGAON DISTRICT, MAHARASTRA, ...PETITIONER/ACCUSED{S) AND 1.THE STATE OF ANDHRA PRADESH, SHO, Nakkapalli P.S., Visakapatanam, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):
1 .TINNAVALLI VENKATA MANOJ Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
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ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A. 1 & A.2, seeking regular bail, in Crime No.303 of 2024 of Nakkapalli Police Station, Anakapalli District.
2. A case has been registered against the petitioners herein and others for the offences punishable under Sections 20(b)(ii)(C) & 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. Case of the prosecution, in brief, is that on 19.10.2024, at about 10.30 am, on credible information about illegal transportation of Ganja, the Assistant Sub-Inspector of Police, Nakkapalli Police Station along with staff and mediators, proceeded to NH-16 road, Kagitha Junction and conducting vehicle checking, one Car bearing No.MH14 DA 6056 which coming from Visakhapatnam towards Tuni, stopped at some distance from the police party and the driver and another person got down from the car and tried to escape therefrom. Immediately, the police apprehended the petitioners herein/A.1 & A.2 and seized 146 Kgs. of ganja from their possession under cover of Mediators’ report. Basing on the confessional statement of the petitioners herein, a case has been registered against the other accused also. Heard. Perused the record. his while was
4.
3 ^ . A perusal of the material on record goes to show that 146 Kgs. of ganja was seized from the possession of the accused, which is a commercial quantity. It is submitted by the learned Assistant Public Prosecutor that the investigation is not yet completed and that A.3 to A.5 are yet to be apprehended. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners/A.1 & A.2.
5.
6. Accordingly, the Criminal Petition is dismissed.
Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District.
2. The Station House Officer, Nakkapalli Police Station, Visakhapatnam District.
3. The Superintendent, Visakhapatnam Jail, Visakhapatnam District
4. One CC to Sri Tinnavalli Venkata Manoj, Advocate [OPUC]
5. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]
6. Three CD Copies To, SAM sree
HIGH COURT DATED:17/02/2025
ORDER CRLP.No.978 of 2025 f 17 MAR 2025 f ^ . Current Section DISMISSING THE CRLP