Chakali Venkat Lingam v. State Of Telangana

[ 320e ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CR|MINAL PETITION NO: '1036 OF 2023 Between:

Chakali Venkat Lingam, S/o Venketeshrulu, Age.21 yrs, Occ. Daily Finance, Rlio Opp Mangalya Shopping Mall, Chintal, Shapur, Cyberabad N/o Bheemavaram (Vil), Nandyala, Kurnool Dist, AP ...PETTTTONER/ACCUSED (A3) AND State of Telangana, rep. by it s public prosecutor Through PS Nampally High Court for the State of Telangana ...RESPONDENT/COMPLAINANT Petition under Section 437 & 439 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 enlarge the Petitioner (A3) on Regular bait in connection with Crime No. 205 of 2022 on the file of PS Nampally, Hyderabad City.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. S. SANDEEP, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER , I I

HOIfBLE DT, JUSTICE CHILLAKUR SUIYIALATHA CRIMINAL PETITION No.1O36 of 2023 ORDER:

Heard Mr. Karan Singh, learned counsel, who argued on behalf of Sri G.S.Sandeep, learned counsel on record for the petitioner, as well as learned Additional Public Prosecutor who is representing the respondent-State.

2.

This Criminal Petition is tiled under Section 439 Cr.P.C. seeking the Court to enlarge the petitioner, who is arrayed as accused No.3 in Crime No.2O5 of 2022 of Nampally Police Station, Hyderabad, on bail.

3.

Stating that the petitioner was in possession of hash oil which is less than commercial quantity, learned counsel for the petitioner contends that the hash oil seized from the possession of the petitioner is narrated in milliliters and if the same is converted to grams, it would be less than commercial quantity and therefore, the petitioner is entitled for bail. 4.

Contradicting the submission thus made, learned Additional Public Prosecutor submits that from the physical possession of the petitioner-accused No.3, 140 small bottles each containing 5 ml of hash oil were seized and apart from that, from the possession of accused No.4, who was

i Dr CSL, J Crl.P.No.1036 of 2023 accompanying the petitioner, another box containing 62 small bottles each containing 5 ml of hash oil was seized. Learned Additional Public Prosecutor also submits that the petitioner earlier moved two Criminal Petitions arrd considering all the grounds which were urged in the earlier applications, which are urged in the present Criminal Petition also, those Criminal Petitions were dismissed and thus, the petitioner is not entitled for bail.

5.

Law is not as if a person possessing the contraband which is less than commercia-l quantity is entitled for bail as a matter of right. Having considered the impact of the use of narcotic and psychotropic substances by the public upon the society and the future of the country, the law was made stringent.

6.

The case on hand discloses grave allegations against the petitioner and presence of pima facie material. Further, this Court does not find any change of circumstances for honouring the request of the petitioner.

7.

Resultantly , this Criminal Petition is dismissed. sdi- P. Gownt SHANKAR ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To, The Xll Additional chief Metropolitan Magistrate, Nampally at Hyderabad theTAdditional Metropolitan SessionsJu{ge, Hyderabad The Station House Officer, Nampally Police Station' Hyderabad

4. Two CCs to the Public Prosecutor, High court for the State of Telangana at Hyderabad. [OUl-J

5. One CC to SRl. G. S. SANDEEP, Advocate [OPUC]

6. Two CD Copies VH "f

HIGH COURT Dr. CSL, J DATED: 2010212023 ( zt-- \ qs s\ aJ s rs I :

, ,* '4 (.jJ \, ./././ * cuo o

ORDER

CRLP.No.1036 ot 2023 DISMISSING THE CRIMINAL PETITION @ f 1 p L'l I I