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2026 DAILYLAW 26976 (AP)

Jalinder Mahiriya Pawar v. The State of Andhra Pradesh

CRLP/12694/2025 · 2026-01-18

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010663122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12694 OF 2025 Between: 1. JALINDER MAHIRIYA PAWAR, KHADKI, DAUND TEHSIL,PUNE DISTRICT, MAHARASHTRA,PRESENTLY RESIDING AT TALWADI VILLAGE,BARADGAON SUDRIK POST, KARJAI TEHSILAHAMADNAGAR DISTRICT, MAHARASHTRA. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12694 OF 2025 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 on bail in Crime No. 73 of 2025 of Renigunta Police Station, GRP Guntakal, Tirupati District, registered against the Petitioner/Accused-2 herein for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard Mr. Bhooma Maharshi Reddy, learned Counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. The case of the prosecution in brief is that on 10.07.2025 at about 6.30 p.m at Renigunta Railway Police Station on receipt of credible information, the Police conducted a search in general coach of Venkatadri Express stationed at Platform No.3 of Renigunta Railway Station. During inspection, they found black coloured bag, wherein it was found 20 Kgs of ganja. Then the Police ceased the same from the possession of Petitioner under cover of mahazarnama and registered the above crime. 4. Learned counsel for the Petitioner would submit that the Petitioner was arrested on 08.11.2025 and remanded to judicial custody on 09.11.2025, since then he has been in judicial custody. The Petitioner is a permanent resident of Daund Tehsil, Pune District, Maharastra and presently residing at Talwadi Village, Baradgaon Sudrik Post, Karjai Tehsil, Ahamadnagar District, Maharastra. If he enlarged on bail with certain stringent conditions, he may not interfere with further progress of investigation or hampering the investigation. Material portion of investigation with regard to alleged role played by the Petitioner is completed. 5. Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the court may pass appropriate orders. 6. Accused No.1 in this case was already released on bail, dated 14.11.2025 in Criminal Petition No.11358 of 2025 by this Court. Learned counsel for the Petitioner states that the Petitioner herein/ Accused No.2 also stand on same footings as of Accused No.1. As can be seen from the record, it is a case of seizure of contraband i.e ganja weighing approximately 20 Kgs. 7. Considering the nature and gravity of allegation levelled against the Petitioner, his alleged role played in this case, and the period of detention undergone by the Petitioner, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions: 8. In the result, the Criminal Petition is allowed with the following conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Special Judicial First Class Magistrate, Railways, Nellore. 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 cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused No.2 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.2 shall not commit or indulge in commission of any offence in future. 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 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. vii. The Petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he do not have passport, he shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petition is allowed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 19.01.2026 KK