IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER, TWO THOUSAND AfMD TWENTY FIVE :PRESfeNT; THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 10635 OF 2025 Between: Shaik Khaja Mohiddin, S/o Shaik, Age 29 years, R/o Qtr.No.S&T 6/D, Railway Quarters, Thatichetlapalem, Visakhapatnam. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, through Station House officer, IV Town P.S, Visakhapatnam, Rep. by Public Prosecutor, High Court at Amaravati. ...Respondent Petition under Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.1 on bail in connection with Crime No.202 of 2025 of IV Town P.S, Visakhapatnam. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Ramineni Sudheer, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following , 1 > APHC010546862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FOljRTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10635/2025 Between: Shaik Khaja Mohiddin ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Ramineni Sudheer Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: I ORDER: Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhlta, 2023 ^ seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.202 of 2025 of IV Town Police Station, Visakhapatnam, registered against the Petitioner/Accused No.therein for the offence punishable under Section 8(c) read with Section 20(b)(ii)(B) of the BNSS 2 the Narcotic Drugs and Psychotropic Substances Act. IQSS^on the allegation of Petitioner/Accused No.1 was allegedly indulged in dealing with 4.017 Kgs of ganja. < 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused .|he record. The allegation against the Petitioner/Accused No.1 is that he was allegedly found in possession of 4 Kgs of ganja. It is not a commercial quantity. In total, 6.99 kgs of ganja were seized from the possession of the » petitioner and the other accused. It is also not a commercial quantity. So far, four witnesses are examined. They are all official witnesses. Material portion of the investigation insofar as the alleged role played by the petitioner concerned is completed. 3. 'The learned Assistant Public Prosecutor submits that the petitioner is a ( rowdy-sheeter and that two NDPS cases have been registered against himone in Crime No.55 of 2021 and another in the year 2024. The petitioner was arrested on 01.09.2025 and has been in judicial custody for the past 56 days. The period for custodial interrogation has also been completed. Mere pendency of adverse antecedents is not a ground to deny the request for grant of bail, inasmuch as the petitioner is presumed to be innocent in all I those cases until his guilt is proved. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh^ at para No.7 observed that criminal similar 4. I 2 the NDPS Act 3 (2020) 11 see 648 adverse antecedents cannot be basis for refusal of bail. The petitioner is a permanent resident of Railway Quarters, Thatichetlapalem, Visakhapatnam. He has got fixed abode. Therefore, the possibility of the petitioner tampering with evidence, threatening witnesses, or'hampering the investigation does not I arise. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. In the result, the Criminal Petition is allowed with the following stringent 5. 6. conditions: i. The Petitioner/Accused Nlo.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned VII Additional Judicial First Class Magistrate, Visakhapatnam. ii. The Petitioner/Accused No. 1 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court, iii. The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned, iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.1 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. 4 vi. The Petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit affidavits to that effect to the Investigating Officer. SD/- M.PRABHAKARA RAO DEPUTYrRE^TRAR 7/TRUE COPY// SECTION OFFICER To, 1. The VII Additional Judicial First Class Magistrate, Visakhapatnam. 2. The I Additional Chief Judicial Magistrate, Visakhapatnam. 3. The Superintendent, Central Jail, Visakhapatnam. 4. The Station House Officer, IV Town Police Station, Visakhapatnam. 5. One CC to Sri Ramineni Sudheer, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 7. One spare copy. PSD Note: The Satisfaction Court “I Additionai Chief Judicial Magistrate, Visakhapatnam” is amended as “VII Additional Judicial First Class Magistrate, Visakhapatnam” as per Court order dated 29.10.2025. Substitute this amended order' in place of the earlier order which despatched on 28**’ October, 2025. was SD/- U.SRI DEVI DEPUTY REGISTRAR HIGH COURT DR.YLR.J DATE:27/10/2025 29/10/2025 BAIL ORDER (AMENDED) CRLP.No.10635of 2025 ALLOWED s 1