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2026 DAILYLAW 19092 (AP)

Riyas T v. The State of Andhra Pradesh

CRLP/1983/2026 · 2026-03-11

Venkata Jyothirmai Pratapa

body2026

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA THURSDAY, THE TWELFTH DAY OF MARCH, TWO THOUSAND AND TWENTY SIX :PRESENT: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1983 OF 2026 Between: Riyas T, S/o. Kunhi Marakkar, aged about 41 years, R/o. Thekkakath, Alungal Beach, Chettipadi Post, Parappanangadi Town, Malappuram District, Kerala State, ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its Public prosecutor. High Court of AP, Amaravati. ...Respondent Petition under Sections 437 & 439,of Cr.P.C and Section 480 & 483 of BNSS, 20-23 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of Crime No.07/2026 of Visakhapatnam Railway Police Station, Visakhapatnam. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of M/s Kolli Usha Kiranmayee, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following: APHC010131972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] LW-: .1 ■. THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1983/2026 Between: 1.RIYAS T, S/O. KUNHI MARAKKAR, AGED ABOUT 41 YEARS, R/0. THEKKAKATH, ALUNGAL BEACH, CHETTIPADI POST, PARAPPANANGADI TOWN, MALAPPURAM DISTRICT, KERALA STATE ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATI. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to release the Petitioner/Accused No.2 on bail in connection with Crime No. 7 of 2026 of Visakhapatnam Railway Police Station, and pass Counsel for the Petitioner/accused(S): 1.KOLLI USHA KIRANMAYEE Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 1983/2n?fi PRATAPA ORDER: This Criminal Petition, under Sections 480 and 483 been filed by the Petitioner herein/Accused of the BNSS, has No.2, seeking regular bail, in Crime No. 7 of 2026 of Visakhapatnam Railway P.S, Visakhapatnam. registered for the offences punishable under Section 8(C) r/w 20(b)(ii)(B) Narcotic Drugs and Psychotropic Substances Act (for short of NDPS Act”). 2. The case of the prosecution in brief, is that hours to 12.30 hours at Platform No.1 led Station, the police have apprehended two on 08.01.2026 at 10.30 end of Visakhapatnam Railway persons while they were in possession and transporting 18 Kgs of Garija. The police have seized the contraband under the cover of mediators’ report. 3. Heard Ms. Kolli Usha Kiranmayee, learned petitioner/accused No.2 and Mrs.K.Priyanka Lakshmi, Public Prosecutor on behalf of the State. counsel for the learned Assistant 4. Learned counsel for the petitioner would submit that the been falsely implicated in this crime and that he is in no way connected with the commission of the offence. The Petitioner has been in judicial custody since 08.01.2026. The contraband involved in the present crime is 18 Kgs of Ganja, which is a non-commercial quantity. It is further submitted that the Statutory period is over and no repofLtKas been filed before petitioner has the Trial Court till 3 date. Learned counsel further submits that the petitioner undertakes to strictly adhere to any conditions that may be imposed by this Hon’ble Court. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the investigation is still pending and the contraband involved in the present case is 18 Kgs of Ganja. She would further submit that no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. 5. Considering the submissions and upon keen perusal of the material placed on record and in the light of the facts and circumstancesof the case, that the petitioner is in judicial custody since 08.01.2026, the fact that the contraband involved in the present crime is only 18 Kgs of Ganja, that the statutory period is over and no report has been filed before the Court, this Court is inclined to enlarge the petitioner on bail with the following conditions; 6. i. The petitioner/accused No.2 shall execute a personal bond for a of Rs. 20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each, to the satisfaction of the learned VI sum Additional Judicial Magistrate of First Class, Magistrate for Railways- cum-VI Additional Civil Judge Court, Visakhapatnam. 4 The petitioner/accused No.2 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any. The petitioner/accused No.2 shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness. The petitioner/accused No.2 shall appear before the Station House Officer, concerned, once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m. till filing of charge sheet. The petitioner/accused No.2 shall not commit or indulge in commission of any offence in future. The petitioner/accused No.2 shall surrender his passport, if any, to the concerned Court. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail. II. iii. \ \ IV. V. vi. 7. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime. 8. 9. Accordingly, this Criminal Petition is allowed. 5 As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. \ SD/- U SRI DEVI DEPUTY REGISTRAR //TRUE COPY// A. SECTION OFFICER 1. The I Additional District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam District. 2. The VI Additional Judicial Magistrate of First Class, Magistrate for Railways - cum - VI Additional Civil Judge Court, Visakhapatnam 3. The Superintendent, Central Jail, Visakhapatnam. 4. The Station House Officer, Visakhapatnam Police District - 5. One CC to M/s Kolli Usha Kiranmayee, Advocate 6. Two CCs to Public Prosecutor, High Court of AP 7. One spare copy To. Visakhapatnam Station, Krishna [OPUC] [OUT] HIGH COURT Dr.VJP.J DATED: 12/03/2026 ORDER CRLP.No.1983 of 2026 ALLOWED /•