APHC010290962026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4688 OF 2026 Between: 1. SHAIK MUNTAJ ALIAS MUNTAJ BEGUM, W/O. LATE GAYAAZ BASHA, AGED ABOUT 73 YEARS, MUSLIM, R/O. D.NO.9/110, RAYAPUVVARI STREET, KAPADIPALEM, NELLORE CITY. 2. SHAIK SIRAJ, S/O. LATE GAYAAZ BASHA, AGED ABOUT 42 YEARS, MUSLIM, R/O. D.NO.9/110,RAYAPUVVARI STREET, KAPADIPALEM, NELLORE CITY. 3. SHAIK SUBHANI, W/O. SHAIK SIRAJ, AGED ABOUT 35 YEARS, MUSLIM, R/O. D.NO.9/110, RAYAPUVVARI STREET, KAPADIPAIEM, NELLORE CITY. 4. SHAIK PASHUR, S/O. LATE GAYAAZ BASHA, AGED ABOUT 32 YEARS, MUSLIM, R/O. D.NO.9/110, RAYAPUVVARI STREET, KAPADIPAIEM, NELLORE CITY. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Station House Officer Santhepeta Police Station, Nellore City, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 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 Petitioners/Accused Nos.1, 2, 3 & 5 on bail in Crime No.223 of 2025 of Santhapet Police Station, Sri Potti Sriramulu Nellore District, registered against the Petitioners/Accused Nos.1, 2, 3 & 5 herein for the offences punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Material averments stemming from the case of the prosecution are that on 16.12.2025 at 11:00 hours, on receipt of credible information about illegal possession and transportation of ganja, the Sub-Inspector of Police, Santhapet Police Station, along with his staff and after securing the presence of mediators, conducted a raid at the house of accused and seized 20.950 Kgs of Ganja from the possession of the Accused. The accused Nos.1 to 4 were arrested on the spot. On 23.12.2025, Accused No.5 surrendered before the Court and on the same day he was sent to judicial remand. 3. Learned Counsel for the Petitioners submits that the Petitioners are innocents of the alleged offence and they have been falsely implicated in the alleged offence. It is contended that the Petitioners are the sole breadwinners of the family and their arrest would cause undue hardship and prejudice to their dependents. The Petitioners undertake to abide by any condition that this Court may impose while granting bail to the Petitioners and it is urged to allow the Petition. 3 4. Per contra, Mr. K.Sandeep, the learned Assistant Public Prosecutor strenuously opposed to grant of bail and prosecution further apprehend that the Petitioners, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the Petitioners absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the progress of the investigation, it is submitted that the Petitioners do not deserve the discretionary relief of bail and it is urged to dismiss the bail petition. 5. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 6. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioner is entitled for grant of bail?” 7. The Petitioners/Accused Nos.1, 2, 3 and 5 were found in possession of 20.950 kgs of ganja, which is a commercial quantity. Accused Nos.1, 2 and 3 were arrested on 16.12.2025 and have been in judicial custody for the past 183 days. Accused No.5 voluntarily surrendered before the learned Judicial Magistrate on 23.12.2025 and on the same day he has been sent to judicial remand. He has been in judicial custody for the past 176 days. After completion of a thorough investigation, the charge sheet was filed on 24.03.2026, well within the statutory period of 180 days. It is pertinent to note that Accused No.1 has six similar adverse antecedents, Accused No.2 has 4 seven similar adverse antecedents, Accused No.3 has six similar adverse antecedents and Accused No.5 has two similar adverse antecedents. Subsequent charge sheets and rowdy sheets have also been registered against the petitioners. 8. In view of the filing of the charge sheet upon completion of the investigation, the Petitioners/Accused Nos.1, 2, 3 & 5 are required to face trial. Considering the facts and circumstances of the case, and the gravity and nature of the allegations levelled against the Petitioners/Accused Nos.1, 2, 3 & 5, this Court is not inclined to enlarge the Petitioners/Accused Nos.1, 2, 3 & 5 on bail at this juncture. 9. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.06.2026 BSK 5 183 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4688 OF 2026 Date: 17.06.2026 BSK