M. Nikhil Jaswa v. The State Of Telangana

[ 320e 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 543 OF 2023 Between:

M. Nikhil Jaswa, S/o. Bharat Kumar, Aged about 28 years, Occ . Guitar Teacher, Rl/o. Flat No. 402, Gangothri Nakshtra Pisine Go Green Colony, Lane Road No.3, Alakapuri Township, Road No.25, Neknampur, Narsingi, K.V. Ranga Reddy District. (A-2)

...Petitioner/Accused No2

AND The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana at Hyderabad.

...RespondenUComplainant Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Station House Officer Prohibition and Excise Station Nampally Hyderabad to grant the bail to the Petitioner/Accused No.2 in the event of his arrest in Connection with Crime No. 6512022 of Prohibition and Excise Station Nampally Hyderabad.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C Vasundhara Reddy , Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER

HON,BLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.543 of 2o23 ORDER:

1.

Heard Sri C.Sharan Reddy, learned counsel who is representing Smt.C.Vasundhara Reddy, learned counsel on record for the petitioner as well as the learned Additional Public Prosecutor who is representing the RespondentState.

2. This Criminal Petition is filed under Section 438 Cr.P.C. on behalf of the petitioner, who is arrayed AS Accused No.2 in Crime No.65 of 2022 ol Prohibition and Excise Station, Nampally, for grant of pre-arrest bail. 3.

Making his submission, learned counsel for the petitioner states that nothing was seized from the possession of the petitioner and therefore, the petitioner is entitled for bail.

4.

On the other hand, the submission of the learned Additional Public Prosecutor is that the petitioner is a I I supplier of Drugs and as per the information received and the evidence collected, the petitioner had supplied MDMA and LSD drugs to Accused No.1 from whose possess(on,

\ Dr.6Ll Crl.P.No.,43 oI 2023 they were seized. Learned Additional Public Prosecutor also stated that the petitioner is involved in two other similar offences.

5. In reply to that, learned counsel for the petitioner submits that in those two cases, less than commercial quantity of contraband was seized. However, the fact remains that there are criminal antecedents which goes to show that the petitioner is prima facie involved in two other similar crimes. As far as the present case is concerned, it is not the case of the petitioner that the investigation is completed and no incriminating material is collected against him. Having found these factors, this Court is of the view that the request of the petitioner cannot be honoured.

tition is dismisse 6.

Resultantly, the Criminal Pe Sd/. G. SIREESHA ASSISTANT REGISTRAR CiD //TRUE COPY// \ SECTION OFFICER To, l.TheXllAdditionalChiefMetropolitanMagistrateatNampally,Hyderabad.

2. The I Additional Metropolitan Sessions Judge, Hyderabad' 3, The Station House officer, Excise Police Station, Nampally, Hyderabad District'

4. Two CC to the Public Prosecutor' High Court for the State of Telangana at Hyderabad. [OUT]

5. One CC to Sri. C.Vasundhara Reddy' Advocate [OPUC]

6. Two CD CoPies \ \=-

HIGH COURT DR CSL, J DATED: 0310212023 eiE STAI6 'no ( t7 o() 0 I t{An 2t23 q , ,.;;

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ORDER

CRLP.No.543 ol 2023 CRMININAL PETITION IS DISMISSED -rO ?2