Kallapu Lishi Ganesha@ Lishi v. The State Of Telangana

THE HON'BLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.2457 OF 2024 O R D E R:

This Criminal Petition is filed under Section 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking anticipatory bail to the petitioner/A8 in Crime No.259 of 2024 on the file of Gachibowli Police Station, Cyberabad, registered for the offences punishable under Sections 8(c) r/w 21(b), 25, 27(a) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 2.

The case of the prosecution, in brief, was that on 25.02.2024 at about 00:00 hours, the Sub Inspector of Police, Gachibowli Police Station, on credible information about usage of drugs by some persons at Room Nos.1200 and 1204 of Radisson Hotel, Gachibowli, recorded the said information in G.D. and after intimating his superiors and seeking permission proceeded to the said place along with panch witnesses at 00:50 hours, they along with the Receptionist proceeded to the said rooms and found three empty plastic covers and a white paper roll. They tested the same with drug identification kit which was brought with them with the help of clues team and found it to be cocaine. With the help of clues team seized the same in the presence

of panchas and kept them in zip lock covers. They apprehended A1 at his house at 6:00 AM and basing on his confession, the name of the petitioner/A8 was incorporated.

3.

Heard learned counsel for the petitioner/A8 and learned Additional Public Prosecutor representing the respondent-State. 4.

Learned counsel for the petitioner/A8 submitted that no contraband was seized from the possession of the petitioner/A8. The petitioner/A8 was a woman. The only allegation against her was that she partied along with the other accused persons in the said room. She was falsely implicated in the subject case. The petitioner/A8 was called to the police station under Section 160 Cr.P.C. and a medical test was also conducted on her but the result was not known and prayed to grant anticipatory bail to the petitioner/A8.

5.

Learned Additional Public Prosecutor reported that it need to be ascertained whether the petitioner/A8 had consumed any drugs or not and prayed to dismiss the bail petition of the petitioner/A8. 6.

Perused the record.

7.

As seen from the record, no contraband was seized by the police except three empty packets. The only allegation against the petitioner/A8 was that she was also present in the said room as per the confession of A1. As it was also reported that a medical test was also conducted on her and as the petitioner was not required for any further investigation, it is considered fit to grant anticipatory bail to the petitioner/A8.

8.

Accordingly, the Criminal Petition is allowed and the petitioner/A8 shall be released on anticipatory bail subject to the following conditions:

1) The petitioner/A8 is directed to surrender before the Station House Officer, Gachibowli Police Station, Cyberabad, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A8 on bail, on her executing 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 said Station House Officer.

2) The petitioners/A8 shall abide by the conditions stipulated under Section 438(2) of Cr.P.C and shall

co-operate with the Investigating Officer in investigation of the case.

Miscellaneous applications, pending if any, shall stand closed. _____________________ Dr. G.RADHA RANI, J Date: 06.03.2024 ssp