Shaik Mahammad vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble K Sreenivasa Reddy
Listed On:
26 Apr 2023
Original Order Copy
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Order Text
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE TWENTY SIXTH DAY OF APRILf IV/O THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY r
CRIMINAL PETITION NO: 2198 OF 2023 ,
Between :
shaik Mahammad, S/o. Syed Thamin, Muslim, aged about 53 years, R/o.H.No. 27, Thillai Nayagam 5th Street, Perambur, Chennai-ll, Tamilnadu State.
...petitioner/Accused No.4
AND
The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of +<A.P., Amaravathi, Guntur (D.T),
...RespondeIlt
/ ( petition under sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in Criminal Petition, the High Couh may be pleased to release the petitioner/accused No.4 on bail in FIR No. lps of 2022 dt'.-17-O3-2O22 on the file Of the Stat-Ion House Officer, Police station, Ongole taluka pol®lce station, prakasam District, Andhra Pradesh.
The petition coming On for hearing, upon Perusing the Pet'ltion and the memorandum of grounds filed in support thereof and upon hearing the arguments of sri pavan Kumar Pasupuleti, Advocate for the Petitioner and Of public prosecutor for the Respondent, the Court made the following;
ORDER:
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
C±±=mjnal_pet±±±gnLNo.2198 of 2023
QE±r:
This Criminal Petition, under sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A-4, seeking regular bail, in crime No.168 of 2022 of Ongole Taluka Poll'ce Station, prakasam district.
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A case has been regl'stered against the petitioner herein and others for the offences punishable under sections 269 and 278 IPC and sections 8(c), 9(A) read with 21(a), 21(c) and 25(A) of the Narcotic Drugs and psychotropic substances Act, 1985 (for short `the NDPS Act).
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Case of the prosecution, in brief, is that, accused Nos.1 to 3 are manufacturing Methamphetamine, Ephedrine and other steroid type drugs by Storing some Chemicals in a negligent' manner, without taking any precautionary measures, thereby causI'ng inconvenience and suffocation to the surrounding public.
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Heard. Perused the record.
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On a perusal of the material on record goes to show that basing on the confessional statement of accused Nos.1 and 2, the name of the petitioner herein is shown as accused ,'n the present case. Nothing has been seized from the possession of the petitioner herein. Learned Assistant Public Prosecutor submits that major POrtl'On Of investigation is completed and charge sheet could not be filed for want of analysis report. petitioner herein was arrested on 13.01.2023 and since then he is in J'udiCial Custody.
/, .
In view of the aforesaid facts and circumstances of the case, 6. this Court is inclined to grant bail to the petitioner herein, on the following conditions.
(i) The petitioner herein shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judge for trial of cases under the NDPS Act-cum-I Additional District and Sessions Judge, Prakasam district, Ongole.
(ii) On release, the petitioner shall appear before the concerned Station House Officer once in a week i.e., on every Friday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet.
Accordingly, the Criminal Petition is allowed. 7.
//TRUE COPY//
For ASSISTANT REGISTRAR
Sd/-S. SRINIVASA PRASAD ASSISTANT REGISTRAR
SECTION OFFICER W123
To,
- The Special Judge for Trial of cases under the NDPS Act-cum-I Addl. District & Sessions Judge, Ongole, Prakasam District.
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- The Superintendent, District Jail, Ongole, Prakasam District.
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- The Station House Officer, Ongole taluka Police station, Prakasam District
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- One CC to Sri. Pavan Kumar Pasupuleti, Advocate [OPUC]
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- Two CCs to Public Prosecutor, High Court of AP [OUT]
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- One spare copy
MSB
HIGH COURT
$\text{SRK}, \textbf{J}$
DATED: 26/04/2023
BAIL ORDER
CRLP.No.2198 of 2023
ALLOWED