Lepakshi Baba Fakruddin Vs the State of Andhra Pradesh

Petition under Section 480 .&-`483 of BNSS & Under Section 37 of NDPS Act is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused No.1 on bail in connection with Crime No.1 of 2025 of Pedabayalu Police Station.

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The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support-thereof and upon hearing the arguments of Sri PARDHA SARADHI A ,7 Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following.

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[3327]

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A P H Ciffi22025

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IN THE Hl''GH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SR[ JUSTICE K SREENIVASA REDDY

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CRIMINAL PETITION NO: 4763/2025

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Betwee n :

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1.LEPAKSHI BABA FAKRUDDIN, S/O LATE MMSAN SAHEB, AGE 54 YEARS, R/O MULAKALA CHERUVU VILLAGE, 'AND PANCHAYAT AND MANDAL, ANNAMAYYA DISTRICT

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...PETITIONER/ACCUSED

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AND

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1.THE STATE OF ANDHRA PRADESH, Represented by, its Publi-c Prosecutor, High Courtof AP. Amaravathi

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...RESPONDENT/COMPLAINANT

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Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of GroL;ndS Of Criminal Petition, the High Court may be pleased to release the petitioner/Accused No.1 -on bai.I in connection with Crime No.1 of 2025 of Pedabayalu Police Station and pass

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Counsel for the Petitioner/accused:

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1, . PARDHA SARADHI A V

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Counsel for the Respondent/complainant:

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PUBLIC PROSECUTOR

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The Court made the following:

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ORDER:

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This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, h'as been filed by the petitioner/A1, seeking bail, in Crime No.01/2025 of Pedabayalu Police Station, A.S.R. District.

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A case has been I-egiStered against the Petitl'Oner and Others for the offences under Section 111(2) of B.N.S.Act and Sections 20(b)(ii)(C), 25 read with 8(c) of the .Narcotic Drugs and Psychotropic Substances Act.

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Case of the prosecution,is that, on 10.01.2025 atabou{ 08.00 am, on receipt of credible information regarding illega'l possessI'On and transportation of ganja, the S.I of Policel along with staff and mediators rushed to Panneda junction, seekari panchayat and conducted vehicle checking. One Mahindra jeep bearing registration no.AP 15 W 4842 was piloted by a Hero clamour PGM motorcycle bearing registration no.OR 10 J 6134 and on seeing police, they stopped their respective vehl-cle and tried to escape. Then police apprehended two persons. on enquiry, said two persons disclosed their identity particulars as that of Al and A2 and on search, police found 398 kgs of ganja in their possession. They confessed the involvement of other accused in the commission of the Offence. police seized the contraband, arrested the accused and got I,hem remanded to judicial custody.

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- Heard learned counsel for the ,petitioner and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

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Learned counsel forthepetitioner submits that the petitioner has been languishing in J-ail from 10.01.2025 i.e, for more than 178 days and he is aged about 55 years -and he is suffering from age old ailments. Due to his detention in judicial custody, the marriage of his elder son was postponed

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and his younger has to uhdergo surgery and prays the court to allow the criminal petition.

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Learned Assistant-Public Prosecutor submits that major part of the investigation is completed except filing of charge sheet and i{ is pending for wan-I of R.F.S.L. report and prays to dismiss the criminal petition.

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A perusal of the material available on record goes to show that the Petitioner Was arrested and remanded to judicial custody on 10.01.2025. The accusation as against the co-accused its they were found transporting ganja in a jeep and nothing has been found in possession of the petitioner herein. since for th: past 178 days, the petitioner has been languI-Shing I-n jail.

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Learned Assistant Public Prosecutor submitted that the entire investigation is completed and charge sheet could not be `filed for want of R.F.S.L.Report. It is not known whether the petitioner was driving the vehicle or he was piloting the other vehicle and whether he is hand in glove with the co-accused.

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In view of the aforesaid facts and circumstances of the case, and since there are no antecedents against the petitioner and it is due to detention of the petitioner in judicial custody, his elder son's marriage was POStPOned and his younger son has {O undergo for Surgery, this Court is inclined to grant bail to the petitioner/Al herein, on the following conditions:

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(i) The petitioner/Al herein shall be released on his executI-ng a Personal bond for Rs.20,000/-(Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional District and sessI®OnS Judge-Gum-Special Judge for trial of Offences under NDPS Act, Visakhapatnam;

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(ii) On release, the petitioner shall appear before the station House Officer concerned once in a week i.e. on every sunday between ld.00

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a.m. and 05.00.p.m., till filing of charge sheet.

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