Muppidi Anand Goud v. The State Of Telangana
[ 3251 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 946 OF 2024 BETWEEN:
Muppidi Anand Goud, S/o. M. Nagabushanam Goud, Aged ab-out.49-years, Occ Buiihess, Rl/o. H.No. 19-1-S03; Doodh Bowli, Maharaj Gunj, Bhadurpura, Hyderabad - 500064 ...PETITIONER/ACCUSED No. 1 AND The state of Telangana, Through its Police station Kalapattar, Hyderabad District Represented by the Public Prosecutor, High Court at Hyderabad ...RESPONDENT Petit'ion 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 grant anticipatory bail to die Petitioner/ Accused No.1 in the event of his arrest in F.l.R. No. 140 of 2023 before the Police Station Kalapaftar, Hyderabad District.
This Petition coming on for hearing, upon perusing the Memorandum of Groundsof Criminal Petilion and upon hearing the arguments of Sri K. RAGHAVA RAMANA, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 .
The Court made the following:
THE HON'BLE SRI JUSTTCE K.SURENDER CRIMTNAL PETITIoN No.946 OF 2o24 oRDER:
1. This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/Accused No.1 seeking bail in the event of his arrest in connection with Crime No.14O of 2023 on the file of Kalapattar Police Station, Hyderabad, registered for the offence punishable under Section 37(a) of the Telangana State Excise Act, 1968.
2.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.
3. This Court by order dated 2O.IL.2O23 vide Crl.P.No.11443 of 2023 directed that no coercive steps shall be taken by the Police against the petitioner since there was I I no information regarding alleged presence of NDPS substance. However, under changed circumstances, the I Police were granted liberty to move this Court seeking cancellation of the order extending the relief of not to take coercive stePs.
, 4 .
The apprehension in the present application is unfounded. Since it was already directed that no coercive steps shaJl be taken against the petitioner in the earlier order, arrest cannot be effecte d unless the said order is cancelled and unless the grounds recorded by this Court. 5.
At this juncture, learned Additional public prosecutor would submit that Section of law was altered and Section 8(c) r/w 22 (cl of NDPS Act was added. However, the said circumstance is a changed circumstance, for which this Court had earlier directed the police to approach this Court seeking cancellation of said order. Accordingly, the said order needs to be followed by the police.
6.
With the above observations, the Criminal petition is disposed off. Miscellaneous appliciLtions pending, if any, shall stand closed.
SD/- A.V.S. PRASAD ASSISTANT REGISTRAR ('-'4/ //TRUE COPYII SECTION OFFICER To,
1. The Special Judicial First Class Magistrate for Excise Cases Hyderabad
2. The Station House Officer, Kalapattar Police Station, Hyderabad.
3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)
4. One CC to SRl. K RAGHAVA RAMANA, Adrccate {OPUCI
5. Two CD Copies DL KMS e..9x'
li HIGH COURT KS, J DATED: 3010112024 o t I T S e q ,\ .J \.J 0 5 tEB 2t2[ * L'l
ORDER
CRLP.No.946 of 2024 CRIMINAL PETITION IS DISPOSED OFF 6'