Andhra Pradesh High Court – Amravati
Tappa Naser Rasool, vs The State Of Andra Pradesh, on 12 June, 2025
THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR
CRIMINAL PETITION NO:5776 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 petitioners/Accused Nos.3 and 4
on bail in Cr.No.143 of 2025 of Proddatur I Town Police Station,
Proddatur, YSR Kadapa District, registered against the
petitioners/Accused Nos.3 and 4 herein and others for the offence
punishable under Section 8(c) r/w 20(b)(ii)(B) r/w 8(c) of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the
NDPS Act‘).
2. The case of the prosecution, in a nutshell, is that on
09.05.2025 at 11.00 a.m., on information the Inspector of Police,
Proddatur I-Town Police Station along with his staff reached near
newly constructed pillar of flyover bridge in Penna river, RTPP
Road, Rameswaram, Proddatur town of Kadapa District and found
A1 to A4 in possession of dry ganja and on seeing the police, when
they tried to run away, he caught them with the help of his staff and
on questioning they confessed the offence and found 1500 grams of
ganja in their possession and then on explaining grounds of arrest,
he seized the ganja from them under cover of panchanama and
2
later he arrested them and produced them before the Court for
remand.
3. Heard learned counsel for the petitioners/Accused Nos.3 and
4 and the learned Assistant Public Prosecutor. Perused the record.
4. Sri V.Nitesh, the learned counsel for the petitioners/Accused
Nos.3 and 4 submits that the petitioners have not committed any
offence; they were falsely implicated by the police in the crime; they
are the sole breadwinners; they would abide by any conditions to be
imposed by this Court; and urged to allow the petition.
5. Per contra, Ms. K.Priyanka Lakshmi, the learned Assistant
Public Prosecutor, opposed in granting of bail stating that some
more material witnesses have to be examined; investigation is not
completed; if the petitioners/Accused Nos.3 and 4 are enlarged on
bail, they would not be available for the investigation and they would
escape from the clutches of law; and urged to dismiss the bail
petition.
6. As seen from the record, the petitioners/Accused Nos.3 and 4
have been in the judicial custody for the past 33 days. The
petitioners/Accused Nos.3 and 4 are resident of Proddatur Town &
Mandal, YSR Kadapa District. If the petitioners/Accused Nos.3 and
3
4 are enlarged on bail with stringent conditions, they would not flee
away from the clutches of the law, and interest of the justice would
be served.
7. Keeping in view of the period of detention undergone by the
petitioners/Accused Nos.3 and 4 in judicial custody for more than 33
days, the nature and gravity of allegation levelled against the
petitioners/Accused Nos.3 and 4, and their alleged role in the case,
this Court is inclined to enlarge the petitioners/Accused Nos.3 and 4
on bail with the following stringent conditions.
8. In the result, the criminal petition is allowed with the following
conditions:
i. The petitioners/Accused Nos.3 and 4 shall be
enlarged on bail subject to executing a bond for a sum
of Rs.20,000/- (Rupees twenty thousand only) each,
with two sureties for the like sum each to the
satisfaction of the I-Additional Judicial First Class
Magistrate, Proddatur.
ii. The petitioners/Accused Nos.3 and 4 shall appear
before the Station House Officer, Proddatur I Town
Police Station, Proddatur, YSR Kadapa District, once
in a month on every fourth Saturday in between 10:00
4am and 05:00 pm, till cognizance is taken by the
learned the Trial Court.
iii. The petitioners/Accused Nos.3 and 4 shall not
commit or indulge in commission of any offence in
future.
iv. The petitioners/Accused Nos.3 and 4 shall
cooperate with the investigating officer in further
investigation of the case and shall make themselves
available for interrogation by the investigating officer as
and when required.
v. The petitioners/Accused Nos.3 and 4 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.
_________________________
JUSTICE T.C.D. SEKHARDate: 12.06.2025.
SDP
5THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR
Criminal Petition No.5776 of 2025
Date:12.06.2025
SDP