Javed Babu Havari v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.967 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.1166 of 2023 on the file of Madhapur Police Station, Cyberabad, registered for the offence under Section 22 (b) (ii) (c) 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 for being in possession of kg.20.599 gms. of ganja. Having followed the procedure, the petitioner was sent to judicial custody by the learned Magistrate after being produced by the Police.

4.

Learned counsel appearing for the petitioner would submit that petitioner has been falsely implicated and there is a delay of 42 days in sampling and acknowledging the inventory.

5.

Learned Additional Public Prosecutor on instructions would submit that sampling was immediately done. He further submits that there are no other questionable antecedents insofar as this petitioner is concerned.

6.

Keeping in view that the petitioner is in jail since 22.10.2023, the prayer for regular bail can be considered, subject to following conditions:- i) The petitioner/Accused No.1 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, i.e., one local surety and the other from the native place, for a like sum each to the satisfaction of the X Additional Metropolitan Magistrate at Kukatpally, Cyberabad.

ii) The petitioner/Accused No.1 after release shall appear before concerned Station House Officer at 10:00 a.m. on every Monday for a period 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. 7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. __________________ K.SURENDER, J Date : 30.01.2024 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.967 of 2024 Dt.30.01.2024 dv