Sayyad Jamseed vs The State Of Andhra Pradesh on 7 July, 2026

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    Andhra Pradesh High Court – Amravati

    Sayyad Jamseed vs The State Of Andhra Pradesh on 7 July, 2026

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    Date of reserved for orders : NIL
    Date of pronouncement        : 07.07.2026
    Date of uploading          :     .07.2026
     APHC010327452026
                        IN THE HIGH COURT OF ANDHRA PRADESH
                                      AT AMARAVATI                       [3521]
                               (Special Original Jurisdiction)
    
                        TUESDAY, THE 7th DAY OF JULY 2026
    
                                         PRESENT
    
               THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
    
                        CRIMINAL PETITION NO: 5245 of 2026
    
    Between:
    
       1. SAYYAD JAMSEED, S/O SAYYAD                    MOHAMMED, AGED 30
          YEARS,R/O    THAIIGAL   FLOUSE,                UPPALA,  KASARGOD
          DISTRICT,STATE OF KERALA.
    
                                                         ...PETITIONER/ACCUSED
    
                                            AND
    
       1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,
          High Court of Andhra Pradesh at Amaravati.
    
                                                    ...RESPONDENT/COMPLAINANT

    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 Grounds of
    Criminal Petition, the High Court pleased to release the Petitioner/Accused
    No. 2 on bail in Crime Na. 7 of 2026, On the file of the Denkada Police
    Station and pass

    Counsel for the Petitioner/accused:

    SPONSORED

    1. DASARI RAMAKOTESWAR RAO

    Counsel for the Respondent/complainant:

    1. PUBLIC PROSECUTOR
    2

    The Court made the following 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 Petitioner/Accused No.2 on bail in Crime No.7 of 2026 of Denkada

    Police Station, registered against the Petitioner/Accused No.2 herein for the

    offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic

    Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act‘).

    2. Sri D. Ramakoteshwar Rao, the learned counsel for the petitioner,

    submits that the petitioner is innocent of the alleged offence and he has been

    falsely implicated by the police. It is further submitted that the petitioner is the

    sole earning member of the family and, therefore, his incarceration would

    cause undue hardship to his dependents. The petitioner undertakes to strictly

    adhere to any conditions that may be imposed by this Court. In light of the

    foregoing submissions, the learned counsel prays that the present petition be

    allowed in the interest of justice.

    3. Per contra, Mr.K. Sandeep, the learned Assistant Public Prosecutor

    vehemently opposed the grant of bail to the petitioner, submitting that the

    investigation is still underway and several material witnesses remain to be

    examined. It is contended that if the petitioner is released on bail at this stage,

    there is a strong likelihood that he may abscond, thereby hampering the

    ongoing investigation and evading the process of law. In view of the foregoing

    submissions, it is urged that the petition be dismissed.
    3

    4. Heard the learned counsel for the petitioner and the learned Assistant

    Public Prosecutor. Perused the record.

    5. As seen from the record, the petitioner is aged 30 years. The Petitioner

    is a resident of Kerala State and arrayed as Accused No.2. The allegation

    against him is that he was transported the ganja illegally. The petitioner was

    arrested on 07.01.2026. He has been in judicial custody for the past 182 days.

    No application was filed seeking extension of judicial remand of the Petitioner

    before the learned Trial Court. There are no similar adverse antecedents

    reported against the petitioner. So far, eight witnesses have been examined. A

    substantial portion of the investigation with regard to the role played by the

    petitioner has already been completed. There is no threat for the witnesses for

    the prosecution from the side of the Petitioner. The petitioner is a permanent

    resident of Thangal House, Uppala, Kasargod District, Kerala State and he

    has got fixed abode. As the Accused Nos. 3 and 4 absconding, no charge

    sheet was filed.

    6. The learned Assistant Public Prosecutor submits that there are no

    adverse antecedents against the petitioner/Accused No.2 and no report was

    filed before the learned Court below by the learned Public Prosecutor

    concerned seeking for extension period of judicial custody of the petitioner

    upto one year by indicating the progress of investigation and the specific

    reasons for the detention of the accused beyond the initial period.

    7. Section 36A(4) of ‘the NDPS Act‘ states that if the investigation is not

    completed within 180 days, the petitioner/Accused No.2 has an indefeasible
    4

    right to bail, unless the Special Court extends the period up to one year on the

    report of the Public Prosecutor, indicating the progress of the investigation and

    specific reasons for the detention of the accused beyond the initial period.

    8. Considering the facts and circumstances of the case, the nature and

    gravity of the allegations levelled against the petitioner/Accused No.2, this

    Court is inclined to enlarge the petitioner/Accused No.2 on bail subject to

    some stringent conditions.

    9. In the result, the Criminal Petition is allowed with the following stringent

    conditions:

    i. The Petitioner/Accused No.2 shall be enlarged on bail subject

    to his executing a bond for a sum of Rs.2,00,000/- (Rupees Two

    Lakh only) with two sureties for the like sum each to the

    satisfaction of the learned Principal Junior Civil Judge-cum –

    Judicial Magistrate of I Class, Vizianagaram.

    ii. The Petitioner/Accused No.2 shall appear before the Station

    House Officer concerned, on every Saturday in between 10:00

    am and 05:00 pm, till filing of the charge sheet.

    iii. The Petitioner/Accused No.2 shall not leave the limits of the

    State of Andhra Pradesh without prior permission from the

    Station House Officer concerned.

    iv. The Petitioner/Accused No.2 shall not commit or indulge in

    commission of any offence in future.

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    v. The Petitioner/Accused No.2 shall co-operate with the

    investigating officer in further investigation of the case and shall

    make himself available for interrogation by the Investigating

    Officer as and when required.

    vi. The Petitioner/Accused No.2 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.

    vii. The petitioner/Accused No.2 shall surrender his passport, if

    any, to the investigating officer. If he claims that he does not

    have passport, he shall submit an affidavit to that effect to the

    Investigating Officer.

    _________________________
    DR. Y. LAKSHMANA RAO, J
    Date: 07.07.2026

    KK

    Whether the order is :

    Speaking Yes/No / Reasoned Yes/No

    Reportable Yes/No / Non-Reportable Yes/No



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