Syed Sheri Ali Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

Syed Sheri Ali Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Regular bail declined on merits; however, temporary bail granted for three weeks (23.04.2025 to 14.05.2025) on humanitarian grounds (mother's kidney transplant) on execution of personal bond of Rs.25,000/- with one surety, with mandatory surrender on 14.05.2025 by 5.00 p.m. and a bar on extension petitions.

Issue for consideration

Whether the petitioner/Accused No.4 in Crime No.490 of 2020 (Salur Town Police Station), involving 272.2 kgs of ganja (a commercial quantity) under sections 20(b)(ii)(C) read with 8(c) of the NDPS Act, is entitled to regular bail pending disposal of the crime. +1 more

Court's answer

Considering the gravity of the offence and the involvement of a commercial quantity of ganja, the petitioner is not entitled to bail as prayed for; regular bail is refused.

Ratio / Principle

In view of the petitioner's mother's health condition and the need for kidney transplantation (petitioner a matching donor, transplant scheduled at Christian Medical College, Vellore, Ranipet Campus, medical report undisputed by the Assistant Public Prosecutor), the petitioner is granted bail for a period of three weeks, from 23.04.2025 to 14.05.2025, subject to conditions.

Key takeaways

Release is conditioned on execution of a personal bond of Rs.25,000/- with one surety for like sum to the satisfaction of the Jail Superintendent concerned.ratio¶57
The petitioner must surrender before the Jail Superintendent on 14.05.2025 by 5.00 p.m.; on failure to surrender, the Jail Superintendent shall inform the Magistrate, who is directed to issue a warrant to procure the petitioner's presence; any extension petition for interim bail will not be entertained.ratio¶58

Detailed headnote1 paragraphs

NDPS Act – Sections 20(b)(ii)(C) read with 8(c) – bail – 272.2 kgs of ganja (commercial quantity) seized from car at vehicle-checking point on NH-43 near Salur (Crime No.490/2020, Salur Town Police Station) – regular bail refused having regard to gravity of offence and commercial quantity involved – however, temporary bail granted for three weeks (23.04.2025 to 14.05.2025) purely on humanitarian ground that petitioner's mother suffers chronic kidney disease, petitioner is a medically confirmed matching kidney donor, and transplant is scheduled at Christian Medical College, Vellore, Ranipet Campus (medical report not disputed by the prosecution) – conditions: personal bond Rs.25,000/- with one surety; surrender before Jail Superintendent on 14.05.2025 by 5.00 p.m.; extension petitions not to be entertained; failure to surrender to be reported to Magistrate for issuance of warrant – Criminal Petition disposed of.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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MONDAY, THE,TWENTY FIRST DAY OF APRI`L TWO THOUSAND AND TWENTY FIVE

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:PRESENT:

THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO

CRIMINAL PETITION NO: 3161 OF 2025

Between:

Syed Sheri Ali, S/o Nawab AIi, aged 35 years, R/a O.C.C. Nagar, SemI-II'guda, Koraput District, Odisha State, 764036, Aadhar no. 8342 9906 9787

Petitioner/Accused No.4 AND

The State Of Andhra Pradesh, Through its Station House Officer, Salur town Police Station, Vizinagarain District) Rep. by its Public Prosecutor High Court of Andhra Pradesh At Amaravathi.

Respondent/Complainant

Petition under Section 437 & 439 of Cr.P;C/480 & 483 of BNSS., is filed prayl-ng that in the circumstances stated in the memorandum of grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/Accused No.4 on bail pending disposal of crime No.490/2020 of Salur Town Police Station, Vizianagaram DistrI-ct

IANO: 1 OF 2025

Petition under section 437 (1) of Cr.P.C. & 480 (1) of BNSS., is filed praying that in the circumstances stated I-n the memorandum Of grounds filed in support of the petition, the High Court may be pleased to enlarge the petitioner/Accused No.4 on interim bail for the reasonable time pending disposal of Crime No.490/2020 of Salur Town Police Station, Vizianagaram District.

The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. GINJALA VIJAYA KUMAR Advocate for the petitioner and of Public Prosecutor for the Respondent;

The Court made the following ORDER:

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APHCO10147932025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl [3369]

(Special Original Jurisdiction)

MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO

CRIMINAL PETITION NO:, 3161/2025

Between :

Syed Sheri Ali H.PETITIONER/ACCUSED

AND

The State Of Andhra Pradesh'

...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

GINJALA VIJAYA KUMAR

Counsel for the Respondent/comp[al-nant:

1.PUBLIC PROSECUTOR-

The Court made the following Order:

This Criminal Petition, under Sections 480 and' 483 of

BNSS, has been filed.by the petitioner herein/A4, seeking regular

bail, in Crime No.490 of 2020 of Salur Town Police Station,

Visakhapatnam District, registered for the offence punishable under sections 20(b)(ii)(C) re'ad with 8(c) of the Narcotic Drugs

and Psychotropic Substances Act,1985.

Case,of the prosecution, in brief, is that, on 10.ll.2020 at

5.00 hours on credible information, the S] of Police along with

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staff and mediators conducted vehicle checking at NH-43, Near HDFC Bank, Salur. At the time of vehicle checking one black colour Tata Safari car bearing No.OR-02-AP-0727 CAME FROM Jeegiram Village road towards Salur and the driver of the car stopped the car before 50 meters distance from vehicle checking point. when seeing police the driver of the above car escaped from that place immediately police tried to catch that driver but in vain. Then Sl of Police reached that car and found 9 white colour plastic bags which smelling like ganja weighing about 272.2 kgs. Then the SI of Police seized the 272.2l kgs of gahja in the

presence of mediators.

Heard. Perused the record.

A perusal of the material on record goes to show 'that the contraband allegedly involved in the present crime is 272.2 Kgs of Ganja, which was seized from the vehicle. It is submitted by the learned counsel for the petitioner -that the petitioner was arfayed| as accused No.4 in Crime No.490 of 2020 and has been in J'udiCial Custody Since ll.01.2025. The learned counsel -for the petitioner further submitt'ed that theo petitioner's mother has been diagnosed with chronic kidney disease,- and her health has been deteriorating day by day. Consequently, the petitioner's father has filed this petition. The learned counsel further submits that the

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petitioner is willing to, donate one of his kidneys tO his mother, and medical tests have confirmed that the petitioner is a match for his mother. The kidney transplant is scheduled to` take place at christian Medical Colleg.e, Vellore, Ranipet Campus. ln support Of this, the learned counsel has submitted a copy Of the medical report. The learned Assistant. P.ub[ic Prosecutor has not disputed the authenticity of the medical report.

Considering the gravity of the offence and the involvement of a commercial quantity of ganja, the petitioner iS not entitled to bail as prayed for. However, in view of the petitiOner'S mOther'S health condition and the need for kidney transplantation, the petitioner is granted bail for a period of three (3) weeks, from 23,04.2025 to 14.05.2025, subject to the following COndI-lions:

i. The petitioner herein shall be released On bail on execution of personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with ohe surety for like sum to the satisfaction of the Jail Superintendent concerned.

ii. The petitioner herein shall surrender before the Jail Superin®tendent concerned on 14.05.2025 by 5.00 p.m.

iii. lt is macle clearthat any extension Petition for interim

bail will not be entertained.

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i iv. In the event of failure of petitioner surrendering

before the Jail Superintendent concerned within the time stipulated by this court, the Jail Superintendent concerned is dI'reCted tO inform the same to the concerned Magistrate and on receipt of the same the learned Magistrate is dI'reCted fo issue Warrant against the petitI'Oner tO Procure his Presence.

Accordingly, the criminal petition is disposed of.

/ITRUE COPY//

sD/`-tJ.SRI DEVE---_ __ __ _: __ -A ASS]ST'AN T

To,

SEC®TION OFFICER

The Ld. SpecI'aI Judge for Trial of Cases Under NDPS Act Gum I Additional Sessions Judge at vizI-anagaramI

The Superintendent, District Jail, Srikakulam District.

The Station House Officer, Salur Town Police Station, VI-Zinagaram District.

One CC to Sri. GINJALA VIJAYA KUMAR, Advocate [OPUC]

Two CCs to,the puBLIC PROSECUTOR, High Court of Andhra Pradesh [ouT]

Op.e spare copy

JSS

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HIGH COURT

TMR, J

DATED I-21 /04/2025

BAIL ORDER

CRLP.No.3161 of 2025

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DISPOSED OF