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High Court for State of TelanganaCRLP/11524/2015dismissed

Shiv Kumar , Raju, v. The State Of Telangana,

2015-11-23Raja Elango1 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11524 OF 2015 ORDER:

This criminal petition under Section 439 of the Code of Criminal Procedure is filed by the petitioner/A.1 seeking bail in S.C.No.39 of 2014 on the file of the Metropolitan Sessions Judge, Cyberabad, at L.B.Nagar, arising out of offences under Section 8(c) read with Sections 22, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act. Heard and perused.

The case of the prosecution is that A.1 to A.3 were in possession of 5.725 kgs of Methamphetamine and raw material for manufacturing of Methamphetamine worth Rs.15 lakhs.

On earlier occasions, when this Court was not inclined to grant bail to the petitioner/A.1 herein taking into various aspects of the case, the learned counsel for the petitioner withdrew the bail petitions. Learned counsel for the petitioner submits that there is change of circumstance as there is no Presiding Officer to proceed with the trial and there is no possibility of early disposal of the case before the Court concerned.

This Court is of the view that the submissions that the Presiding Officer is not available or that the Schedules are also broken during the interregnum period, are not the valid grounds for grant of bail to the petitioner herein. Taking into consideration the seriousness of the offences alleged against the petitioner/A.1, this Court is not inclined to grant bail to the petitioner/A.1.

The Criminal Petition is accordingly dismissed. _____________________ JUSTICE RAJA ELANGO 23.11.2015 pln