Milton Sekh Vs the State of Andhra Pradesh

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I 336,9__,,.I

IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR/ WEDNESDAY ,THE SECOND DAY OF APRIL ~ TWOTHOUSANDANDTWENTYFIVE /

I;lrflHONOURABLE SR: PJRuEsSTFcNET+ MALLIKARJUNA iONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3300 OF 2025 ~

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Betwee n :

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Milton Sekh, S/o.Haider Sekh, aged about 28 years, R/o.Bichipura, Sibnagar, Raninagar, Murshidabad District, West Bengal State.

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Madan MandaI, S/o.Ritendranath MandaI, Aged about 39 years, R/o.Pollagari, Ghanl'rampu Post, Bamnabad, Murshirabad District, West Bengal District.

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Petitioners/Accused No.1 and 2

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AND

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The State of Andhra Pradesh, Through Station House Officer, Renigunta police station, spsR Nellore District Rep., by its Public Prosecutor, High Court atAmravathi ~

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Respondent/ComplaI-nant

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Petition under section 437 & 439 of Cr.P.C. and Under Section 480 & 483 of BNSS is filed praying that in the-circumstances stated in the affldavl't filed in support Of the Criminal Petition, the High Court may be pleased to release the Petitioners on bail in crime No.22/2025 on the file of the Renigunta Police Station, SPSR Nellore District in the interest of justice. /

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The petition/Appeal coming ton for hearing, upon perusl'ng the petl'tion and the grounds filed in support thereof and upon hearing the arguments of Sri P NAGENDRA REDDY Advocate for the Petl'tioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following.

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APHCOI O154152025 JP/

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IN THE HIGH COURT OF ANDHRA PRADESH E] HE] AT AMARAVATl EEi

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[3369]

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(Special Original Jurisdiction)

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WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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CRIMINAL PETITION NO: 3300/2025

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Between:

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Milton Sekh and Others M.PETITIONER/ACCUSED(S)

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AND

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The State Of Andhra Pradesh

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...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused(S):

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P NAGENDRA REDDY

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Counsel for the Respondent/complainant

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1.PUBLIC PROSECUTOR

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The Court made the following:

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ORDER:

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This Criminal Petition u/See.480 and 483 of B.N.S.S. has been filed by the petitioners/Al and A2 seeking regular bail in Cr.No.22/2025 of

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Renigunta police station, GRP Guntakal.

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The above said crime was registered against the petitioners for the offence~ punishable u/Sec.20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act').

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The case of the prosecution is as follows:

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On O3.3,2025 at 7.30 pm, on receipt of credible information about

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illegal possession and transportation of ganJ-a, the S.I of police, Renigunta

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.±€

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I/ POliCe Station, along with staff and mediators conducted checking at plat form no.3 in Renigunta police station and found two persons in suspicious circumstances with bags. on seeing police, said two persons tried to escape. Then police apprehended them and on enquiry, they disclosed their identity particulars as that of Al and A2 and police found 15 kgs of ganja in their possession. Then police arrested Al and A2, seized the contraband and sent the accused to court forjudicial remand.

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Learned counsel forthe petitioners contended that even according to the case of the prosecution, the petitioners were arrested when they were found in possession of 15 kgs of ganja which does not come under commercial quantity and the petitioners have been languishing in jail from

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03.3.2025 and prays to allow the criminal petition.

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5- On the other hand, learned Assl|stant Public Prosecutor confirms non-fill'ng of charge sheet by the police and opposed for grant of bail to the Petitioners. He further submitted that the petitioners belong to west Bengal State and it may be difficult for the police to trace out the particulars of the petitioners, if they were released on bail.

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Heard both sides.

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Perused the entire maten'al on record.

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Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of accused is 15 kgs which is less than commercial quantity and greater than small quantity. The

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Petitioners Were in judicial custody from 03.3.2025 and they have

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h-i= I-

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permanent abode. As -the contraband seI'Zed I-S not COmmercI-al quantity, no reasons need to be recorded as contemplated under section 37 of the NDPS Act. Most of the witnesses are shown to be official witnesses and the release of the petitioners would not cause hampering of investigation. As most of the jnvestI'gatiOn might have been completed and the petitioners have permanent abode and there is no possibility of their fleeing away from justice, as such, this court is incll.ned to grant ba" to the petl'tioners.

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In the result, the crI'minal petition is allowed with the following conditions:

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i. The petI'tiOnerS/Al and A2 herein shall be released on ba" on their executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two (o2) sureties for a like sum each to the satisfactl®on of the learned I Additional District and sessions Judge, Nellore;

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ii) After release, the petitioners shall attend before the station House officer concerned once in a fortnight between 10.00 am to o1.00 pm for a Period Of three (03) months; and

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iii) that the petitioners are directed not to hamper the l'nvestigation and tamper with the prosecution witnesses.

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I-V) the petitioners shall place their identity proof and residential Particulars (temporary and permanent) before the Magistrate concerned.

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SD/-K. KASIRAO ACHARl ASSISTAffiEG ISTRAR

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//TRUE COPY//

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SECTION OFFICER

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F/