Yerugantla Raviteja , Gaddam Bhuvan v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD IMONDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 5266 OF 2021 Between:
Yerugantla Raviteja @ Gaddam Bhuvan, S/o. Raghupathi @ Venkatrao, Aged about 20 years, Occ. Student, R/o. Gandimaisamma Area, Dindigal, Hyderabad, Ranga Reddy District.
...PETITIONER/ACCUSED-2 AND The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, At Hyderabad.
...RESPONDENT/COMPLAINANT Petition under Section 437 & 439 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A-2 on Regular Bail in connection with the Crime No. 87 of 2021 on the file of Raghunadhapalem P.S., Khammam District (Khammam Police Com m issio ne rate ).
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ch. Ravinder, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent.
The Court made the following: ORDER
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.5266 OF 2O21 9BDEB:
This Criminal Petition, under Section 439 of the Code of Criminal Procedure, t973, is filed by the petitioner/A2, for grant of bail in Crime No.87 of 2027 of Raghunadhapalem Police Station, Khammam District, registered for the offences punishable under Sections 304-4 and 337 of IPC and Section 8(c) r/w 20(b) of Narcotic Drugs Psychotropic Substance (NDPS) Act, 1985.
2.
Heard the learned counsel for the petitioner/A2, the learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
3.
Learned counsel for the petitioner/A2 would submit that the petitioner/A2 is innocent and he has nothing to do with the alleged seizure of 2OO kgs of ganja, said to be transported in the car bearing No.TS 32T 4776 on 28.04.2021. The petitioner/A.2 is falsely implicated in the subject crime and ultimately prayed to I allow the criminal petition as prayed for.
4.
On the other hand, learned Assistant Public Prosecutor appearing for the respondent-State would submit that on 28.04.2021, the petitioner/A2 and A1 were found in possession of 200 kgs of ganja while transporting in a car bearing No.TS 32T 4776 and the same was seized under a cover oF panchanama at the scene of offence between 14:45 hours and
17;30 hours and urtimate ty prayed to dismiss the criminal petition,
5. As seen from the material placed on record, the panchanama dated 28.04.2021 reveals that 200 kgs of ganja was seized from the car bearing No.TS 32T 4776 on ZB.O4.2O2L at 74i45 hours near Shiva Family Dhaba, V.Venkatayapalem Village, Raghunadhapalem Mandal, pursuant to the confession made by the petiiioner/A.2 etc., The petitioner/A.2 was one of the inmates of the said car. The ganja seized is more than commercial quantity. In view of the seizure of huge quantity of ganja and also in view of the facts and circumstances of the case, it cannot be held that the petitioner/A.2 is innocent and he will not indulge in similar offences in future. Thus the petitioner/A.2 failed to satisfy the twin requirements under Section 37 of NDPS Act. There are no justifiable grounds to allow the criminal petition as prayed for.
6.
In the result, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petitio n shall stand closed.
SD/.M.MANJULA ASSISTANT REGISTRAR ,TRUE COPY// \ \ SECTION OFFICER To, The I Additional District and sessions Judge, Khammam' Khammam District' '1 .
The !ll Additional Judicial First Class Magistrate' Khammam' Khammam District 2.
Tho Superintendent, Central Prison' Khammam' Khammam District' J.
TheStationHouseofficer,RaghunadhapalemPoliceStation' Khammam District 4.
One CC to Sri Ch. Ravinder, Advocate [OPUC] Two CCs to the Public Prosecutor' High Court for the State of Telangana at tt Hyderabad. [OUT] Two CD CoPies One Spare CoPY sbr
HIGH COURT DATED: 2010912021 o -i ili: ir * ! L...
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ORDER
* CRLP.No.5266 of 2021 DISMISSING THE CRIMINAL PETITION o