Sem Kumar Parichha v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR. JUSTICE G.RADHA RANI CRIMINAL PETITION NO: 3131 OF 2024 Between:
1. Sem Kumar Parichha, S/o. Sachidananda Parichha, Age 24 years, Occ. Mutton Shop Business, R/o Christain Sahi, Gumma Village, Gajapati District, Odisha State.
2. Dhuli Shankar, S/o. Raghu, Age 23 years, Occ. Auto Driver, Rl/o Gumuda Village, Bhamini, G. Laxmipur Post, Gudari Sub-District, Rayagada District, Odisha State.
.PETITIONERSIA.l & A-2 AND The State of Telangana, Rep. by its Public Prosecutor, High Court, at Hyderabad. .....RESPONDENT/COMPLAINANT Petition under Section 4371439 of Cr.P.C praying that iri the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Petitioners on Bail pending investigation, enquiry and trial in Crime No. 163/2023 of Proh-and Excise Station, Khila Warangal, Warangal District, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Dr CHALLA SRINIVASA REDDY ,Advocate for the Petitioners and the Additional Public Prosecutor on behalf of the Sole Respondent.
The Court made the following: ORDER
)(] THE HONOURABLE DR.JUSTICE G.RADHA RANI CRTMINAL PETITTON No.3l31 OF 2024 o RDER:
This Criminal Petition is filed by the petitioners - Accused Nos.l and 2 under Sections 431 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C"), to release them on regularbailinCrimeNo.l63of2023onthefileofProh&Excise Station, Khila Warangal, Warangal District, registered for the offence punishable under Section 8(c) read with 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act., 1985 (for short 'NDPS Act').
2. The case of the prosecution in brief rvas that on 19.12.2023 at 9:00 A.M, the Station House Officer of Khila Warangal and STF, Hyderabad conducted raid near Auto Stand at warangal Railway Station and found the petitioners/Accused Nos.l and 2 in possession of dry ganja carrying in two bags containing l0Kgs and 12Kgs, total 22 Kgs and the police seized the said contraband under the cover of panchar-rama' They
Dr.GRR,l C,tP NdJIJt of2021 .\ effected the arrest of the petitioners/accused Nos.l and 2 on 19.12.2023.
3.
Heard the learned counsel for the petitioners-Accused Nos.l and 2 and the learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners/accused Nos.l and 2 submitted that each of the petitioners were carrying only an intermediary quantity and prayed to release the petitioners/accused Nos.l and 2 on bail.
5.
Learned Additional Public Prosecutor opposed grant of bail to the petitioners/accused Nos. I and 2. 6.
Perused the record. The record would disclose that the petitioners belonged to Odisha State and brought the contraband in two bags and after getting down the train, while they were waiting at the auto stand, they were apprehended by the police. The contraband seized was 22 Kgs, which was a commercial quantity and the_same cannot be distributed between
DT.GRR,J C|LP- No.Jt.tt of2021 the two to consider the same as an intermediary quantity to enlarge the petitioners on bail.
1.
In the result, the Criminal Petition is dismissed. Miscellaneous applications, pending if any, shall stand closed Sd/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// .l)3 SECTION OFFICER To,
1. The Judicial First Class Magistrate, Warangal, Warangal District
2. The Station House Officer, Proh.and Excise Station, Khila Warangal, Warangal District 3- The Superintendent of District Jail Warangal District
4. One CC to SRI Dr CHALLA SRINIVASA REDDY Advocate [OPUC]
5. TWO CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad [OUT]
6. Two CD Copies w
HIGH COURT DNIED:2110312Q24
ORDER
CRLP.No.3131 ol 2O24 IrlL s .\ ,/. , -1 $( _f1a nu nzt + "!
)'. rai ri O DISMISSING THE CRIMINAL PETITION q trcoP(e{