Kalali Ashok Goud v. The State Of Telangana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3016 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking regular bail to the petitioner/accused No.2 in Crime No.231 of 2024 on the file of the P.S. Gummadidala, Sangareddy, registered for the offences punishable under Sections 8(c) r/w 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2.

The case of the prosecution is that on 31.12.2024, on receipt of credible information, the Police have conducted vehicle check at Toll gate, Gummadidala Village and found 350 grams of Alprazolam in possession of accused No.4. Basing on the same a case was registered in Crime No.231 of 2024.

3.

Heard Mr.Palle Sriharinath, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner submitted that petitioner is no way concerned with the seizure of contraband and he was falsely implicated in the said crime. He further submitted that the petitioner was arrested on 31.12.2024 and since then he has been in judicial custody and he is the sole breadwinner of his family. He further submitted that the police did not follow the mandatory legal procedures under Sections 42 and 50 of the NDPS Act. He further submitted that petitioner/accused No.2 is not having any criminal antecedents and the entire investigation in the case is completed, except filing of charge sheet and the petitioner is ready to cooperate with the investigation and also ready to abide the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5.

Per contra, learned Additional Public Prosecutor submitted that petitioner/accused No.2 has committed grave offences under Sections 8(c) r/w 22(c) and 29 of NDPS Act. He further submitted that the investigation is under progress and at this stage, the petitioner is not entitled for grant of bail.

6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that petitioner was arrested on 31.12.2024 and no criminal antecedents are reported against the petitioner/accused No.2 and entire investigation in the case is completed, except filing of charge sheet.

7.

Taking into consideration of the facts and circumstances of the case and submissions made by the respective parties, this Court is inclined to grant bail to the petitioner/accused No.2, subject to the following conditions:

(i) The petitioner/accused No.2 shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of Judicial First Class-cum-Special Mobile Magistrate at Sangareddy.

(ii) The petitioner/accused No.2 shall appear before the concerned SHO at 11.00 A.M. on every Monday, for a period of eight (8) weeks or till filing of charge sheet whichever is

earlier, for the purpose of investigation and thereafter, as and when required.

iii) The petitioner/accused No.2 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

8.

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

___________________________ JUSTICE J.SREENIVAS RAO Date: 12.03.2025 ynk

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3016 of 2025 Date: 12.03.2025 ynk