Santosh Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.58 OF 2024 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.1 in Crime No.512 of 2023 on the file of Bowenpally Police Station, Begumpet Division, Hyderabad, registered for the offence punishable under Section 8(c) r/w 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act'). 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The petitioner was arrested on 22.11.2023, as he was found in possession of narcotic drugs i.e., Alprazolam tablets and Eskuf Syrup which is the cough syrup. The said medicines are illegally used for intoxication etc., to which the people are addicted to. 4.

Learned counsel for the petitioner submits that the tablets were not sent for examination nor any inventory was conducted by the learned Magistrate and he further submits that the quantity seized is less than commercial quantity.

5.

In the said circumstances, since the petitioner was found with medicines and the quantity of Narcotic Substance is less than commercial quantity, this Court is inclined to grant the relief of regular bail, subject to the following conditions:- i) The petitioner/Accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties, for a like sum each to the satisfaction of the XI Additional Chief Metropolitan Magistrate, Hyderabad.

ii) The petitioner/Accused No.1 after release shall appear before the concerned Station House Officer on every Monday and Wednesday at 10:00 a.m. for a period of eight weeks for the purpose of investigation and thereafter, as and when required.

iii) The petitioner/Accused No.1 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C. 6.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 08.01.2024 plp/dgr

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.58 of 2024 Dt.08.01.2024 plp/dgr