Rahmatual Alamin v. State Of Telangana,

[ 26sl ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD' T t ,t ( FRIDAY, THE TWENry NINETH DAY OF MARCH O THOUSAND AND NINETEEN :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 1606 OF 2019 Between:

Rahmatual Alamin, S/o. Mohammed Jan, (it,9 -1 , a Petitioner/Accused AND State of Telangana,, Through SHO, Excise Police Station, Dhoolpet, Hyderabad Rep. By its Public Prosecutor High Court for the State of Telangana at Hyderabad RespondenUComplainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner / accused on Regular Bail in Crime No. 61/2019 of SHO, Excise Police Station, Dhoolpet, Hyderabad and release the petitioner / accused on such terms and conditions, The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof upon hearing the arguments of SABJAN SHAIK Advocate for the Petitioner and the PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused, for grant of bail in COR No.61 of 2019 of Prohibition and Excise Station, Dhoolpet, Hyderabad, registered for the offences punishable under Section 8(c) read with 2O(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Heard the learned counsel for the petitioner/accused, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

lt is alleged that on 13.02.2019, at about 01:40 PM, 9.996 kilograms of dry ganja was seized from the possession of the petitioner/accused under a cover of panchanama. The petitioner/accused was remanded to judicial custody on '14.02.20'19. Material witnesses ar$ examined. The quantity of ganja seized from the possession of the petitioner/abcused is not of commercial quantity. ln the course of submissions, it is brought to the notice of this Court that there are no other similar criminal cases pending against the petitioner/accused. Having regard to the nature of accusations levelled against the petitioner/accused and the material collected so far, the petitioner/accused can be enlarged on bail under Section 439 of Cr.P.C.

4.

Accordingly, the petitioner/accused is ordered to be released on bail, on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties in a like sum each to the satisfaction of the learned I Additional Chief Metropolitan Magistrate, Hyderabad. On such release, the potitioner/accused shall report before the Station House Officer, Prohibition and Excise Station, Dhoolpet, Hyderabad, on every Sunday between 09:00 AM and 't 1:00 AM, till filing of the charge-sheet.

5.

The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Crimi stand closed.

I Petition, shall sd/- B ASSIST \ \ //TRUE COPYII For.ASSlS T REGISTRAR . The First Additional Chief Metropolitan Magistrate at Nampally . The FirstAdditional Metropolitan Sessions Judge, Hyderabad. The Superintendent Central Prison, Chenchalguda, Hydera The Station House Officer, Excise Police Station, Dhoolpet, One CC to SRl. SHAIK SABJAN Advocate [OPUC] . Two CCs to PUBLIC PROSECUTOR, High Court for the Hyderabad [OPUC]

7. One Spare Copy Hyderabad J of Telangana at GR

:

HIGH COURT I DR, SAJ DATED:2910312019 i $ $ +

ORDER

lr .:: li.i CRLP.No.1606 of 2019 BAIL