Janga Rahul v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3286 OF 2022 ORDER:

This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/Accused Nos.1 and 2 in connection with COR No.66 of 2022 on the file of Station House Officer, Prohibition and Excise Station, Bhadrachalam District, wherein the petitioners are alleged to have committed the offence punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'). 2.

Heard the learned counsel for the petitioners/Accused Nos.1 and 2 and the learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that on 10.03.2022 at 04.05 PM the Prohibition and Excise Inspector, Bhadrachalam along with his staff raided at Auto stand in front of TSRTC Bus Stand, Bhadrachalam, House No.13-2-2001, 2nd floor, Ashok Nagar Colony, Bhadrachalam and Venkateswara Colony, besides Ambedkar Centre

and found the Accused were illegally transporting the ganja in Maruthi XL6 bearing No.TS28J8614 and that the Accused No.1 was in possession of 100 grams of dry ganja, Accused No.2 in possession of 500 grams of dry ganja.

4.

As seen from the record, the quantity seized from these petitioners is less than small quantity for which reason, this court is inclined to grant bail to the petitioners/Accused Nos.1 and 2. 5.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 and 2 are granted bail subject to the following conditions:

i) The petitioners/Accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Special Sessions Judge for the Trial of Cases under Narcotic Drugs and Psychotropic Substances Act - cum - I Additional Sessions Judge at Khammam.

ii) The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer, Prohibition and Excise Station, Bhadrachalam District on every Sunday between 10.00 a.m. and 1.00 p.m. for a period of three months.

iii) The petitioners/Accused Nos.1 and 2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 19.04.2022 ns