Gandham Srinivas Goud v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2362 of 2025 ORDER:

Seeking the Court to enlarge the petitioner on bail in Crime No.618 of 2024 of Prohibition and Excise Station, Nirmal, the present Criminal Petition is filed. 2.

The brief facts of the case are that on 03.10.2024, the Nirmal Prohibition and Excise Police seized the contraband as the accused persons are buying and selling the contraband illegally to the general public in order to earn money in an ease manner and also registered a case vide Crime No.618 of 2024 before the Nirmal Prohibition and Excise Police, for the offences punishable under Section 8(c) read with 22 of the NDPS Act, 1985 and Section 34(a) read with 34(1) of the Telangana State Excise Act, 1968 read with 4(a)/5(a) of TSCH Rules, 1973.

3.

Heard Sri K.Chandra Sekhar Reddy, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner firstly submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He secondly submitted that though there is no corroborative evidence, the petitioner was implicated in the case with false and fabricated allegations. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fourthly submitted that the petitioner has been in judicial custody since 03.10.2024, causing undue hardship to his family. He lastly submitted that the petitioner is resident of Nirmal District, with movable and immovable properties, and is willing to furnish sureties as directed and prayed the Court to grant bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the seized contraband is commercial quantity and other cases are pending against the petitioner with similar offence and also investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and reviewing the record, it is apparent that though the petitioner is languishing in jail from 03.10.2024, no charge sheet is filed till date. It is noteworthy that according to the learned counsel for the petitioner, except in one case, no charge sheet is filed in remaining other cases. Hence, considering the incarceration period, this Court deems it fit to grant bail to the petitioner subject to the following conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the Principal District and Sessions Judge at Nirmal.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 06.03.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2362 of 2025 Date: 06.03.2025 gms