Sri. Vanteru Rahul Reddy v. The State Of Telangana
THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMINAL PETITION No.1416 OF 2024 O R D E R:
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.6 in Crime No.118 of 2023 on the file of Jinnaram Police Station, Jinnaram Circle, Sanga Reddy District, registered for the offences punishable under Sections 8(c) read with 21(c), 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
2.
The case of the prosecution in brief was that on 07.12.2023 at about 23:00 hours, the Sub-Inspector of Jinnaram Police Station, lodged a report stating that he got information with regard to manufacturing of Narcotic Drugs at the outskirts of Kodakanchi Village, Jinnaram Mandal and after complying the mandatory provisions under Section 42(2) of Narcotic Drugs and Psychotropic Substances Act, 1985 conducted search in the premises of a chemical lab in the fields of one Venkateswara Rao and found accused No.1
and huge equipment at the said place. Accused No.1 stated that they were manufacturing Nordazepam which was in 2nd stage and after completion, at sixth stage it would turn to Alprazolam, a Psychotropic substance. On that the SubInspector seized 14 kgs of Nordazepam along with other materials. Basing on the said report, accused Nos.1 to 5 were arrested and the above case was registered.
3.
Heard learned counsel for the petitioner/Accused No.6 and learned Additional Public Prosecutor for the respondentState. 4.
Learned counsel for the petitioner submitted that Accused No.6 was shown as a supplier, he came to know about the case through media and voluntarily surrendered before the Police on 14.12.2023. The petitioner started a business by name 'Go Win Win Industrial Solutions Private Limited' in the year 2021-2022. He used to trade all the supplies and equipments for industrial use. Accused No.2 approached the accused No.6 to supply some laboratory equipments in the year 2022, pretending they were required for starting a laboratory for trial purpose of some
intermediates of pharma and asked the petitioner to supply the same. The petitioner being a trader, enquired online about the material in India Mart and found a dealer named Vision Lab Equipments, who could supply the necessary material to accused No.2. He further submitted that accused No.2 again approached accused No.6 stating that they were going to establish a poultry farm near Zaheerabad and needed the above equipment and accused No.6 supplied the same to accused No.2. Accused No.2 again contacted the petitioneraccused No.6 with a request to supply few chemicals, as if the same were required for the 'Poultry Farm' upon which the petitioner got enquired with the suppliers, received quotations and supplied the same to accused No.2.
5.
The learned counsel for petitioner further submitted that, accused No.6 purchased the material from registered suppliers and also paid GST on Tax Invoices, and supplied the said material to accused No.2. The same was available in the open market and was not a contraband. The accused No.6 was not aware that the material supplied by him could also be used for manufacturing Narcotic Drugs and Psychotropic Substances and prayed to enlarge the petitioner on bail.
6.
Learned Additional Public Prosecutor opposed grant of bail to the petitioner stating that the earlier bail application filed by the petitioner was also dismissed on 30.01.2024. Accused No.6 conspired with the other accused persons and supplied the material which was used by the other accused persons for manufacturing the contraband and prayed to dismiss the bail application filed by the petitioner. 7.
Perused the record. Considering that there were no previous cases pending against the petitioner and he was not a drug peddler, supplier or manufacturer of contraband material and the material supplied by him was not prohibited and the petitioner himself approached the police and surrendered before them and voluntarily gave all the necessary invoices and information, it is considered fit to enlarge the petitioner on bail.
Accordingly, the Criminal Petition is allowed and the petitioner/accused No.6 shall be released on regular bail subject to the following conditions:
i) The petitioner/Accused No.6 shall execute a
personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Sanga Reddy District. ii) The petitioner/Accused No.6 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. 9.
Miscellaneous applications, pending if any, shall stand closed.
_______________________ Dr. G.RADHA RANI, J Date: 14.02.2024 ds/dsv