Extracted from the PDF above. The PDF is authoritative.
APHC010224152026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between:
1. MOHAMMED JABER, S/O SAHID AGED 23 YEARS,C/MUSLIM,R/O SANTHI NAGAR, KATHERU VILLAGE,RAJAHMUNDRY RURAL. 1. THE STATE OF ANDHRA PRADESH, Rep. by its public prosecutor, High Court atAmaravathi, A.P.
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 Courtpleased to grant to Regular Bail to release the petitioner A4 in connection with Cr.No.93/2026 of III Town L & O P.S., Rajamahendravaram E.G.Dt., in the interest of justice Counsel for the Petitioner/accused:
1. VALLEPU MOUNICA Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3441/2026 MOHAMMED JABER, S/O SAHID AGED 23 YEARS,C/MUSLIM,R/O SANTHI NAGAR, KATHERU VILLAGE,RAJAHMUNDRY RURAL. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its public prosecutor, High Court atAmaravathi, A.P. ...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 Courtpleased to grant to Regular Bail to release the er A4 in connection with Cr.No.93/2026 of III Town L & O P.S., Rajamahendravaram E.G.Dt., in the interest of justice Counsel for the Petitioner/accused: Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR following:
IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MOHAMMED JABER, S/O SAHID AGED 23 YEARS,C/MUSLIM,R/O SANTHI NAGAR, KATHERU VILLAGE,RAJAHMUNDRY RURAL. ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep.
...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. by its public prosecutor, ...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 Courtpleased to grant to Regular Bail to release the er A4 in connection with Cr.No.93/2026 of III Town L & O P.S.,
2
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3441/2026 ORDER:
This bail application is filed by the petitioner/Accused No. 4 seeking regular bail under Section 438 of the Bharatiya Nagarik Suraksha Sanhita in Crime No. 93/2026 of III Town L&O Police Station, Rajamahendravaram, registered for the offences punishable under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Sections 25(1)(a), 25(1B)(a), 27(1), and 29 of the Arms Act, 1959. 2. None appeared on behalf of the petitioner. Since this is a regular bail application, this Court is inclined to proceed with the matter. 3. Heard Mrs. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, appearing for the State. 4. The case of the prosecution is that on 24.02.2026 at about 9:30 a.m., the Sub-Inspector of Police, III Town L&O Police Station, along with mediators and a Gazetted Officer, while conducting vehicle checking at Katheru underpass bridge within Katheru Panchayat limits, noticed a car bearing No. HR 54 E 4805 coming at high speed. On noticing the police, the vehicle suddenly turned back in an attempt to escape. The police apprehended Accused Nos. 1 to 5. Upon search, they were found in possession of 5.100 kilograms of ganja, one small pistol with 13 live rounds, one empty cartridge, and bundles of ₹500 currency notes. The same were seized under the cover
3
of a mediators’ report. As per the version of Accused Nos. 1 to 5, they were engaged in illegal trafficking of ganja and firearms in association with Accused No. 6. Consequently, the present crime was registered. 5. The learned Assistant Public Prosecutor submitted that the petitioner was apprehended along with other accused on 24.02.2026 and was involved in illegal possession and transportation of ganja. It is further submitted that the investigation is still pending and the charge sheet has not yet been filed. If the petitioner is released on bail at this stage, there is every likelihood of tampering with the evidence. Hence, she prayed for dismissal of the petition.
6. Having considered the submissions made by the learned Assistant Public Prosecutor and perused the material available on record before this Court. It is evident that the petitioner/Accused No. 4 is alleged to have been apprehended at the scene of occurrence along with other accused persons while transporting contraband. The prosecution case, at this stage, discloses that the accused were found in possession of 5.100 kilograms of ganja, along with a firearm, live ammunition, and cash. The nature of the allegations indicates prima facie involvement of the petitioner not only in illegal possession but also in transportation of contraband, which attracts the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, as well as the Arms Act, 1959. 7. Having regard to the nature and gravity of the offence, the manner of commission, the seizure of contraband along with a firearm and ammunition,
4
and the fact that the investigation is still pending, this Court is of the considered view that it is not a fit case to grant bail to the petitioner at this stage. 8. Accordingly, the criminal petition is dismissed. _________________________________________ DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 04.05.2026 KKV
5
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 3441/2026 Dated 04.05.2026
KKV