Jadav Santhosh v. The State Of Telangana

HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 2655 OF 2022 O R D E R:

This criminal petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/Accused No.2 on bail in connection with Crime No.335 of 2021 on the file of the Station House Officer, Devarakonda Police Station, Nalgonda, registered for the offence punishable under Section 20(b) (ii) (c) NDPS Act, 1985.

2.

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

Briefly stated the case of the Prosecution is that on 28.10.2021 when the Sub-Inspector of Police, Devarakonda stopped the petitioner and another on information that the petitioner/A2 and another were in possession of 8 kgs. and 15 kgs. of Ganja, respectively and found Ganja in their luggage bags. The Ganja was seized and Panchanama was conducted and the petitioner and another were arrested on the same day. 4.

Learned Counsel for petitioner-A2 submits that A1 was directed to be released by this Court vide Criminal Petition No.363 of 2021.

5.

On the other hand, learned Assistant Public Prosecutor submits that the petitioner/A2 is involved in another crime under the provisions of NDPS Act.

6.

However, keeping in view that the quantity seized from the petitioner/A2 is 8 kgs., which is less than the commercial quantity and that he is in jail since 152 days, I am inclined to grant bail to the petitioner/A2. 7.

In the said circumstances, the petitioner/Accused No.2 is directed to be released on bail on his executing personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for likesum, to the satisfaction of the Additional Judicial Magistrate of First Class, Devarakonda. The petitioner shall appear before the concerned Police Station on every Wednesday and Sunday between 10.00 a.m and 12 Noon for a period of three months or till filing of charge sheet, whichever is earlier and the petitioner shall cooperate with the investigation and not indulge in any other acts attracting penal consequences of NDPS Act. 8 Accordingly, the Criminal Petition is allowed. As a sequel thereto, miscellaneous applications, if any pending, shall stand closed. ______________ K.SURENDER,J Date :30.03.2022 tk/trr

HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 2655 OF 2022 Dt.30.03.2022 tk/trr