Mohammed Waheed v. The State Of Telangana

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION NO. 4627 OF 2024 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Criminal Procedure Code, 1973 (for short, 'the Cr.P.C.') seeking regular bail to the petitioner/accused No.3 in S.C. NDPS No.28 of 2024 on the file of I Additional District and Sessions Judge-cum-Metropolitan Sessions Judge-cum-Addl. Family Court, Medchal-Malkajgiri in Crime No. 631 of 2023 of Kukatpally Police Station, Cyberabad, registered for the offences punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

2.

Heard the learned counsel for the petitioner/accused No.3 and learned Additional Public Prosecutor for the respondent-State.

3.

Learned counsel for the petitioner submits that the petitioner/accused No.3 was a driver by profession and as per the case of prosecution, the contraband was seized from the other accused and there is another vehicle involved in this crime. There are no specific allegations against the petitioner

and entire investigation is completed, charge sheet was also filed and numbered as SC NDPS No.28 of 2024. He further submits that this Court granted bail to the accused No.4 in Criminal petition No.3123 of 2024 on 21.03.2024. Similarly this Court also granted bail to the accused Nos.1 and 5 in Criminal petition Nos.4096 and 4056 of 2024 respectively on 23.04.2024 and placed the copy of the said orders before this Court. He further contended that this Court also granted regular bail to the accused No.6 in Criminal petition No.4405 of 2024 to the accused No.6 today itself.

4.

Learned Additional Public Prosecutor submits that the petitioner is involved for the offences punishable under Section 20(b)(ii)(B) of NDPS Act and he is not entitled for grant of bail.

5.

Perused the record. In view of granting regular bail to accused Nos.4, 1, 5 and 6 vide Criminal petition Nos.3123, 4096, 4056 and 4405 of 2024 respectively and also in view of the filing of charge sheet, the petitioner is entitled for bail, since he is in jail since 09.07.2023.

6.

Accordingly, this Criminal petition is allowed and the petitioner/accused No.3 shall be released on regular bail subject to the following conditions:

i) The petitioner/accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for a like sum each to the satisfaction of the I Additional District and Sessions Judge-cumMetropolitan Sessions Judge, MedchalMalkajgiri District at Kushaiguda.

ii) The petitioner/accused No.3 shall appear before the trial Court on each and every date of hearing and he shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C..

Miscellaneous applications, pending if any, shall stand closed.

_______________________ J. SREENIVAS RAO, J Date: 29.04.2024 pgp