Thodam Srinu ,Srinivas v. The State Of Telangana
IN THE HIGH COURT FOR TTIE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY :PRESENT:
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 1890 OF 2020 Behveen:
Thodam Srinu @ Srinivas, S/o. Seetharamaiah, Petitioner/Accused No. I AND The State of Telangana, through.S.H.O. Mahabubabad Rural P.S., Rep. by the Public Prosecutor, High Court ofTelangana, at Hyderabad, Respondent Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to enlarge the petitioner on bail in Crime No.17 of 2020, PS Mahabubabad Rural dated 05.03.2020; This petition coming on for hearing, upon perusing the petition and the grounds filed therein, and upon hearing the arguments of Sri T.Sujan Kumar Reddy, Advocate for the Petitioner and of the Public Prosecutor on behalf of the Respondent, the Court made the following.
ORDER:
"This Criminal Petition, under $ection 439 of the Code of Criminal Procedure, 1973 (for short, 'Cr,P.C.'), is filed by the petitioner/accused No.1 for grant of bail in Crime No.l7 of 2020 of Mahabubabad Rural Police Station, Mahabubabad, registered for the offence punishable under Section 8(c) r/w 20 of NDPS Act.
2.
Heard the learned counsel for the petitioner/accused No.l, the learned Public Prosecutor for the respondent/State and perused the record. 3.
Learned counsel for the petitioner/A.l would submit that the petitioner/A.l did not transport or possess any ganja as alleged by the prosecution. The petitioner is permanent resident of Andhra Pradesh hnd ready to furnish the required sureties for his release on bail and ultimately prayed to allow the application as prayed for. 4.
On the other hand, learned Public Prosecutor opposed the grant of bail to the petitioner/A.1 and contended that huge quantity (more than commercial quantity) of ganja was seized from the possession of A.l as well A.2. There is a bar to grant trail under Section 37 of NDPS Act and ultimately prayed to dismiss the bail application.
5. It is evident from the material placed on record that on 17.01.2020, the petitioner/A.l and also A.2 were found possessing 6l kgs of ganja, which rvas kept in 3 bags. The bags were opened and ganja was seized in the presence of Tahsildar and other witnesses under a cover of panchanama on that day at Muthyalammagudem X roads. Samples wgre drawn weighing 150 grams each in the course of seizure of ganja, Other materials such as cell phones were also seized from the possession of petitioner/A.1 and also A.2. There is also record to show that both A.1 and A.2 purchased ganja for Rs.1000/- per kg and wanted to sell it on higher price in order to enrich illegally. The quantity of ganja seized from the possession of petitioner/A.1 is more than commercial quantity. The allegations are grave and specific against the petitioner/A.1.
It is difficult to hold that the petitioner/A.l is innocent and he will not repeat similar type of offences in future. There is also bar under Section 37 of NDPS Act, which operates against the petitioner/A.1, Under these circumstances, it is not a fit case to enlarge the petitioner on bail. This petition is devoid of merits and is liable to be dismissed. 6.
Accordingly, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed."
Sd/- Dr. JUSTICE SHAMEEM AKTHEII //TRUE COPY// 0\ L) I t\,o REGISTRAR (JUDICI n !
SECTION OFFICER To,
1. The Special Sessions Judge for NDPS Cases - Cum - I Additional Sessions Jr.rdge, Warangal
2. The Station House Officer, PS Mahabubabad Rural, Warangal District.
3. The Superintendent, Central Prision, Warangal
4. Two CCs to Public Prosecutor, High Court of Telangana, at Hyderabad (OUT)
5. One CC to Sri T. Sujan Kumar Reddy, Advocate (OPUC)
6. Two CD Copies y
t HIGH COURT Dr.SA,J DATE: l7-4-2020 OIIDER cRt,.P. NO. 1890 0I'2020 !
DISMISSING TI{E ('RIMINAL PETITION !
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