lN THE HIGH COURT OF ANDHRA PRADESH

THURSDAY, THE ELEVENTH DAY OF TWO THOUSAND AND TWENTY THR

-.PRESENT:

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

CRIMINAL PETITION NO: 3267 OF 2023

Betwee n :

A-2) Muhammed Fay'ls 0.K., S/o Abbobacker O.K, age 35 Yrs, D.No.95, oberkkattil, 309, Mangode, Thrikadeeri-ll, Palakkad District, Kerala State .

...petit-loner/Accused-A2 7

AND

The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature Of Andhra Pradesh at Amaravati.

<

...Respondent/Complainant

petition under sections 437 & 439 of Cr.P.C, praying that in the c'lrcumstances stated in the grounds filed in criminal Petition, the High Court may be pleased to release the petitioner on ba-ll -In NDPS SC.No. of 2022 on cr.No 142 /2023, S.E.B. Gajuwaka Police Station. ~- ~

The pet'ltiOn coming On for hearing, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of M/s. Koppisetti Parvati Devi, Advocate for the Pet®ItiOner and Of special Asst. Public Prosecutor for the Respondent, the Court made the fol,lowing;

ORDER..

THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY

CRIMINAL PEIrrTION NO.3267 OF 2023

ORDER:-

1

The Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioner/A-2 to grant bail in connection with Crime No.142 of 2021 of S.E.B. Station, Gajuwaka.

2. A case has been registered against the petitioner and others for the offence punishable under Section 8(c) r/w 20(b)(i-I)(C) of the NDPS Act, 1985.

3. Brief facts of the case are that, on 01.12.2022 at 14.30 hours, Enforcement Inspector, S.E.B. Station, GaJ-uWaka along with his staff and mediators, proceeded to north side of Bus Stop near Duwada Railway Station, Gajuwaka Mandal and found Al to A3 in possession of 42 Kgs of Ganja. The contraband along w'lth other material was seized from the possession of accused under the cover of a mediators report and they were remanded to J-udiCial Custody on the even date.

- c=`* €-

4. Heard. Perused the record.

5. The petitioner was arrested and remanded tO judicial custody on o1.12.2022 and since then he is languishing 'ln ja-lI. It is submitted by the learned Special Assistant Publ-lc Prosecutor that major port-Ion of investigation has been completed and except fiI'lng charge sheet, nothing is left to be investigated.

6. In view of the facts and circumstances Of the Case, this Court is inclined to grant bail to the petit'lOner/A2, on the following conditions.

(i) The petitioner shall be released on executing Personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties for a l'lke sum each to the satisfaction of the learned Special Judicial Magistrate of First Class for Excise, Visakhapatnam.

(ii) The petitioner shall appear before the Station House Officer, concerned, once in a week i.e., On every Fr'lday between 10.00 A.M., and 01.00 P.M., till filing of the charge sheet.

(iii) The petit'loner shall not directly or indirectly contact Or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the

--* `-

witnesses and shall not tamper evidence and shall co-operate with the investigation.

It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

Accordingly, the Criminal Petition is allowed. $7)$

Miscellaneous applications, pending if any, shall stand closed.

Sd/-S. SRINIVASA PRASAD ASSISTANT REGISTRAR

SECTION OFFICER

$\frac{1}{2}$

//TRUE COPY//

To,

• 1. The Special Judicial Magistrate of First Class of Excise, Visakhapatnam.
• 2. The Superintendent, Central Prison, Visakhapatnam.
• 3. The Enforcement Inspector, SEB Station, Gajuwaka, Visakhapatnam.
• 4. One CC to M/s. Koppisetti Parvati Devi, Advocate [OPUC]
• 5. Two CCs to Public Prosecutor, High Court of AP [OUT]
• 6. One spare copy.

MSB

HIGH COURT

SRK,J

DATED:11/05/2023

BAIL ORDER

CRLP.No.3267 of 2023

ALLOWED