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High Court for State of TelanganaCRLP/2178/2018allowed no costs

P.Sridhar v. State Of Telangana

2018-02-28T. Rajani4 pages

HI GH COURT OF JUDI CATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT. JUSTI CE T.RAJANI CRLP .NO: 2178 of 2018 Between:

P.Sridhar S/o. Yadagiri.

..... Petitioners/ A1 AND State of Telangana through SHO, Proh and Excise Station, Ghatkesar,R.R.District rep. by Public Prosecutor, High Court Buildings, Hyderabad. .....Respon den t Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to enlarge the petitioner on bail in connection with Crime No.130 of 2017 of Prohibition & Excise Station, Ghatkesar.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri P Devender, Advocate for the Petitioner, and of Public Prosecutor(TG) for the respondent, the Court made the following.

This Criminal Petition is filed seeking for grant of bail to the petitioner, who is accused No.1, in Crime No.130 of 2017 on the file of the Station House Officer, Ghatkesar Prohibition and Excise Police Station, Ranga Reddy District.

2. The offence alleged is under Section 8(c) R/w.20(b)(ii)(C) of the Narcotic Drugs and Psychotropic substances Act, 1985 (for short, 'the NDPS Act').

3. Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record.

4. As per the case of the prosecution altogether 292 K.Gs. of ganza was seized from the possession of accused Nos.1 to 3.

5. Learned counsel for the petitioner submits that though 292 of K.Gs. of ganza was seized from accused Nos.1 to 3, accused No1 was found to be engaged in transportation of 12 K.Gs. of ganza only, which is far less than the commercial quantity. Learned counsel for the petitioner further submits that the petitioner is languishing in jail since 02.12.2017.

6. Learned Public Prosecutor does not refute the latter submission of the petitioner's counsel.

7. Hence, considering the above, this Court opines that this is a fit case for grant of bail to the petitioner/accused No.1. Accordingly, the Criminal Petition is allowed and the petitioner/accused No.1 is directed to be enlarged on bail on condition of his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate (Excise court), R.R. District-cum-XII Metropolitan Magistrate, Cyberabad, Ranga Reddy District. Further, on such release, the petitioner/accused No.1 is directed to appear before the Station House Officer, Ghatkesar Prohibition and Excise Police Station, twice in a week i.e., on every Monday and Wednesday in between 10:00 a.m. and 05:00 p.m.

As a sequel, the miscellaneous applications, if any pending, shall stand closed. Sd/ - K. Jaganmohan ASSISTANT REGISTRAR / / TRUE COPY/ / For ASSISTANT REGISTRAR To

1. The Judicial First Class Magistrate (Excise court), R.R. District-cum-XII Metropolitan Magistrate, Cyberabad, Ranga Reddy District

2. The Metropolitan Sessions Judge, Cyberabad at L.B.Nagar

3. The XIII Metropolitan Magistrate, Ranga Reddy District

4. The Superintendent, Central Prison, Cherlapalli, R.R.District

5. The Station House Officer, Proh and Excise Station, Ghatkesar, R.R.District.

6. Two CCs to the Public Prosecutor (TG), High Court at Hyderabad (OUT)

7. One CC to Sri P Devender, Advocate (OPUC)

8. One spare copy.

Not e: The name of the Satisfaction Court " XIII Metropolitan Magistrate, Ranga Reddy District" is corrected "the Judicial First Class Magistrate (Excise court), R.R. District-cum-XII Metropolitan Magistrate, Cyberabad, Ranga Reddy District" as per the order of this Court dated 07-03-2018 made in IA. No.1 of 2018. Substitute this Order in place of earlier order, which was dispatched on 02-032018. Sd/ - K. Jaganmohan ASSISTANT REGISTRAR

HI GH COURT TR,J DATED: 2 8 .0 2 .2 0 1 8 ( am en ded dat e 0 7 -0 3 -2 0 1 8 ) ( am en ded or der ) CRLP. NO:2 1 7 8 of 2 0 1 8 DI RECTI ON HI GH COURT

GK Dat ed : 0 2 .0 3 .2 0 1 8 TR,J DATED: 2 8 .0 2 .2 0 1 8 CRLP. NO:2 1 7 8 of 2 0 1 8 DI RECTI ON