IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI^^^^^-^^

THURSDAY, THE EIGHTH DAY OF MAY, "

TWO THOUSAND AND TWENTY FIVE iPRESENT:

HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO %

CRIMINAL PETITION NO: 4905 OF 2025 Between:

Khayamkhani Sameer All Khan, S/o Mustafa Khan, 33 years, 0/ Muslim, MIG- 1-5/1, H.B Colony, Bhavanipuram Proprietor of M/s. THE CAFFEINE SHOP, Ground Floor, D. No. 40-6-1, Raj Residency, Fortune Murali Park Road, Siddhartha Nagar, Vijayawada.

...Petitioner/Accused AND The State of Andhra Pradesh, Rep. by the Station House Officer, Machavaram Police Station, Rep. through Public Prosecutor, High Court of Andhra Pradesh. At Amaravati ...Respondent Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail in connection with Crime. No. 115 of 2025 of Machavaram Police Station, Vijayawada for offences punishable under Sections 123, 276 and 277 of BNS. Counsel for the Petitioner : Sri K Sai Mohan Rao Counsel for the Respondent : Assistant Public Prosecutor.

The Court made the following ORDER:

APHC010234042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3369]

(Special Original Jurisdiction)

THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO HRIMINAL PETITION NO: 4905/2025 Between;

...PETITIONER/ACCUSED Khayamkhani Sameer All Khan, AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused:

1.KSA1 MOHAN RAO Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

ORDER:

This Criminal Petition, u/Sec.480 & 483 of the Bharatiya ^Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused, seeking Crime No.115/2025 of Machavaram Police Station, Vijayawada City.

bail, in A case has been registered against the petitioner for the offence

2.

punishable u/Sec.123, 276, 277 of B.N.S.

Heard learned counsel for the petitioner and the learned Assistant

3.

Public Prosecutor representing the respondent/State.

Case of the prosecution, in brief, is that, this is a case of adulteration

4.

and selling of unwholesome drugs that occurred on 26.3.2025 at of drug M/s.The Caffeine Shop at D.No.40-6-1 . ground floor, Raj Residency Fortune Murali Park road, Siddhartha nagar, Vijayawada wherein the accused is purchasing drugs from various online websites across India, which are being used for the purposes such as body mass enhancement, anabolic activity and drugs are with lacked essential information like MRP, manufacture details, batch numbers, manufacturing dates etc.

and selling and marketing illegally without prescription and supervision of qualified medical practitioner is harmful to the consumers and thereby violated the Drugs & Cosmetics Act, 1940 and 45 drug varieties were seized from the possession of accused, Basing on the complaint, this case was registered and during the course ofi investigation, accused was arrested on 27.3.2025. 5. Heard. Perused the record.

6. Learned counsel for the petitioner contend that the petitioner has been in judicial custody from 27.3.2025 and the reading of the complaint indicates that the petitioner has been supplying more boosters without any medical prescription and as such the case has to be registered under the Drugs and Cosmetics Act

1940 for which complaint has to be submitted by Drugs Inspector and provided complaint has to be followed. But without following due procedure, the complaint was registered by the police authorities and prays to enlarge the petitioner on bail.

7. Learned Assistant Public Prosecutor opposes to grant bail on the ground that investigation is not completed and some more witnesses are to be examined and have to record their statements.

8. Without expressing any opinion on the contentions raised by the learned counsel for the petitioner, as the petitioner s