Shameem v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.867 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.2 in C.O.R.No.429 of 2023, on the file of Prohibition & Excise Station, Jammikunta, Karimnagar District, registered for the offence punishable under Section 8 (c) r/w Section 20 (b) (ii) of 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 and remanded to judicial custody on 20.12.2023 by the Jammikunta Prohibition & Excise Police Station. It is the case of the Prohibition & Excise Station that A-1 was found in possession of 243 gms. of ganja and A-2 who is the petitioner herein was found in possession of kg.6.123 gms. of ganja.

4.

Learned counsel for the petitioner would submit that procedure under NDPS has been violated and further, the petitioner is a woman with no questionable antecedents. 5.

Learned Additional Public Prosecutor on instructions would submit that there are no other cases pending against this petitioner.

6.

Keeping in view that the contraband seized is less than the commercial quantity, the petitioner can be granted the relief of regular bail, subject to following conditions: i) The petitioner/accused No.2 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties, for a like sum each to the satisfaction of I Additional Sessions Judge, at Karimnagar.

ii) The petitioner/accused No.2 after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of four weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioner/accused No.2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

7.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 29.01.2024 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.867 OF 2024 Dt.29.01.2024 dv