Md.Umar v. State Of Telangana
[ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 1109 OF 2020 Between:
Md.Umar, Son of Hazi, Aged about 25 years, Occ. Business, Resident of Kaisar Nagar Village, [t/lain Road, Near Gajularamavaram, Qutbullapur, Hyderabad. Petitioner/Accused No. 4 AND State of Telangana, Represented by its Public Prosecutor , High Court Buildings, Hyderabad .. Respondent Petition under Section 437 and 439 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed in the Criminal Petition, the High Courl may be pleased to enlarge the petitioner/ Accused No.4 on bail in Crime No.361/2019, on the file of Police Station Bhadrachalam Town dated 11 11.2019. The petition coming on for hearing, upon perusing the Petition and memo of grounds filed in the Criminal Petition and the order of the High Court made herein and upon hearing the arguments of SRI J P SRIKANTH Advocate for the Petitioner, PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following. ORDER:-
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETiTION No.1109 of 2020 ORDER:
The petitioner-A4 filed the present application under Sections 437 and 439 of the Code of Criminal Procedure, seeking to grant bail to him in Cr.No.361 of 2019 on the file of Bhadrachalam Town Police Station, Bhadradri-Kothagudem District, registered for the offence under Section B(c) read with Section 20(b) of NDPS Act, '1985.
2.
The case of the prosecution is that on 11 .11.2019 at 8.00 hours, while the Sub-lnspector of Police along with his staff was conducting vehicle check at Forest Check Post, Bhadrachalam, they stopped one Toyota fortune car bearing No.AP 36-AG-0229 and white coloured Hyundai Verna Car bearing No.AP-29-AX-6940 and on search, they found 15 plastic packets of ganja in one car and 1B plastic packets of ganja in another car and the police seized the said ganja under a cover of panchanama.
3.
Learned counsel for the petitioner/A4 submits that as per the remand case diary, no ganja was seized from the possession of petitioner/A4 and that 41 , who had procured ganja, offered him that amount will be paid to him. He further submits that the petitioner has nothing to do with the alleged ganja and that there is no specific seizure of ganja from his possession. He further submits that the petitioner is a law abiding citizen and he is ready to furnish sufficient sureties to the satisfaction of the Court and he shall abide by any condition imposed by this Court
GSD, J Crl.P.No.1 109 of 2020 4.
Learned Additional Public Prosecutor opposed to grant bail to the petitioner/A4.
5.
Having regard to the facts and circumstances and as there is no specific allegation that the petitioner was carrying ganja and even if it is assumed that the petitioner was also carrying ganja, it was hardly below the commercial quantity and 41 was already granted bail, without adverting to the merits of the matter, I am inclined to grant bail to the petitionerlA4 on certain terms and conditions. 6.
The Criminal Petition is allowed and the petitioner/A4 shall be released on bail on the following terms and conditions: (i) That the petitioner/A4 shall execute a personal bond for a sum of Rs.15,0001(Rupees fifteen thousand only) with two sureties for a like sum each to the satisfaction of the Special Sessions Judge for Trial of Cases under Narcotic Drugs and Psychotropic Substance Act-cum-l Additional Sessions Judge, Khammam.
(ii) that the petitioner/A4 shall appear before the lnvestigating Officer on 1't and 3'd Saturday of every month between '10.00 AM to 2.00 PM., till completion of investigation or filing of charge sheet, whichever is earlier. (iii) Thereafter, the petitioner/A4 shall appear before the Court concerned personally on each date of hearing till conclusion of trial.
(iv) that the petitioner/A4 shall not indulge in any similar type of activities in future.
(v) that the petitioner/A4 shall not tamper with the prosecution witnesses;
(vi) that the petitioner/A4 shall co-operate with the investigating agency.
(vii) that the petitioner/A4 shall not misuse the liberty granted to him.
GSD, J Cd.P.No.'1 109 of 2020 As a sequel, miscellaneous applications, if any pending, shall stand closed.
I 5D/- B. SATYAVATHI ASSI EGISTRAR //TRUE COPY// TI N OFFICER \ To, 1 The Special Sessions Judge for Trial of Cases under NDPS Act-cum-l Additional Sessions Judge, at Khammam.
2. The Station House Officer, Police Station, Bhadradri Kothagudem District ,
3. The Superintendent District -Jail , Khammam.
4. One CC to SRl. J P SRIKANTH Advocate IOPUC]
5. Two C Cs. to PUBLIC PROSECUTOR (TG), High Court for the state of Telangana at Hyderabad (OUT)
6. One spalc copy, I Ags
HIGH COURT GSDJ DATED:2410212020
ORDER
CRLP.No.1 109 of 2020 .r$ .$ \ \ BAII,