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2026 DAILYLAW 9915 (AP)

Sayed Mahaboob alias Syed Hameed v. The State of Andhra Pradesh

CRLP/7479/2026 · 2026-09-06

Y Lakshmana Rao

body2026

Judgment text

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APHC010449572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7479/2026 Between: 1. SAYED MAHABOOB ALIAS SYED HAMEED, S/O REHMAN, AGED ABOUT 62 YEARS,KHAI CONTROL, GOUSAGAR, AMRAVATI DISTRICT, MAHARASHTRA STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, represented by the Station House Officer,Mothugudem Police Station, East Godavari District, represented by thelearned Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. DUGGIRALA SUBASH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 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 No.1 on bail in Crime No.22 of 2015 of Mothugudem Police Station, East Godavari District (now NDPS.SC.No.113 of 2 2018 on the file of learned I Additional District and Sessions Court), registered for the offences punishable under Sections 8(C) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.Duggirala Subash, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. He is law-abiding citizen. He is the sole breadwinners of the family. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the petitioner was produced before the Court on 22.06.2026, after a long lapse of time from the issuance of the NBW on 22.02.2017, and has been in judicial custody since then. He further submitted that the petitioner was already involved in other criminal cases and that, if released on bail, there is a likelihood of his committing similar offences and absconding again. In view of the foregoing submissions, the learned Assistant Public Prosecutor urged that the petition be dismissed. 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3 5. As seen from the record, the crime was registered in the year 2015 and the charge sheet was filed in the year 2016. NBW was issued against the petitioner in the year 2017. The petitioner was arrested on 22.06.2026. NBW has been pending for execution for nearly nine years. Petitioner is aged about 62 years. He has been in the judicial custody for the past 85 days. Allegation against the petitioner is that he was involved in transportation/possession of 14 Kgs. of ganja. 6. Having regard to the facts and circumstances of the case, gravity of nature of allegations levelled against the petitioner, this Court is not inclined to enlarge the petitioner/Accused No.1 on bail. 7. In the result, the Criminal Petition is dismissed. However, the learned trial Court is directed to dispose of NDPS.S.C. No.113 of 2018, pending on the file of the learned I Additional District and Sessions Judge, Rajamahendravaram, as expeditiously as possible and submit a report to the learned Registrar (Judicial) within one and a half years from the date of receipt of a copy of this order. _________________________ DR. Y. LAKSHMANA RAO, J Date: 07.09.2026 BMS