Badina Subhash v. State Of Telangana
THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3156 OF 2022 ORDER:
This Criminal Petitions is filed under Sections 437 and 439 of the Criminal Procedure Code by the petitioner/Accused in COR.No.88 of 2021 on the file of Excise Police Station, Medak, registered for the offences punishable under Sections 8(b) read with Section 20(d)(i) of the Narcotic Drugs and Psychotropic Substance Act, 1985.
2.
The case of the prosecution is that the concerned Police Station Excise personnel destroyed 650 plants of Ganja in agricultural field on 23.04.2021. Enquiries is of the said excise police reveal that this land belongs to this petitioner for the said reason, the petitioner was arrested on 09.02.2022.
3.
However, the learned Assistant Public Prosecutor upon instructions would said that except confession, there is no other evidence either from the revenue office or otherwise to connect the said land where the Ganja plants were grown to the accused.
4.
In the said circumstances, even after a period of 130 days when the prosecution is not in a position to connect the land with the petitioner, the petitioner is entitled to be released on bail subject to the following conditions:
i) The petitioner/Accused shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with
two sureties for a like sum each to the satisfaction of the I Additional Sessions Judge, Medak at Sangareddy. ii) The petitioner/Accused shall appear before the concerned Station House Officer on every Monday and Thursday between 10.30 a.m. and 01.00 p.m. for a period of three (3) months or until filing of charge sheet, whichever is earlier. iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed. __________________ K.SURENDER, J 20.06.2022 tk
THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 3156 OF 2022 Dt.20.06.2022 tk