Jella Yakaiah v. The State Of Telangana

THE HONOURABLE JUSTI CE G. SRI DEVI CRI MI NAL PETI TI ON No. 3 8 0 2 of 2 0 1 9 ORDER :

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ A.5, for grant of bail in Crime No.69 of 2019 of Elkathurthy Police Station, Warangal Urban District, registered for the offence punishable under Section 20(c) of NDPS Act. 2.

Heard learned counsel for the petitioner/ A.5, learned Additional Public Prosecutor representing the respondent/ State and perused the record.

3.

Learned counsel for the petitioner/ A.5 would submit that the petitioner/ A.5 was remanded to judicial custody on 19.05.2019. The allegations levelled against the petitioner are false. The above said case is foisted against the petitioner. The petitioner is the sole bread winner of his family and he is ready to abide by the conditions imposed by the Court. Hence, he prayed to grant bail to the petitioner. 4.

Learned Additional Public Prosecutor representing the respondent-State vehemently opposed to grant bail to the petitioner/ A.5 and stated that the petitioner and other accused were caught red handedly with 150 kgs of ganja along with vehicles, mobile phones and other material. He also stated that investigation is not yet completed and hence, prayed to dismiss the petition.

5.

As per the material placed on record, the petitioner/ A.5 is alleged to have purchased 150 kgs of dry ganja along with other accused in Sileru Forest area and transporting the same in two vehicles

for selling at Maharashtra State and they were apprehended on 18.05.2019 at old check post near PHC of Elkathurthy. 6.

Since the petitioner/ A.5 was found in possession of commercial quantity of ganja and as the investigation is not yet completed, this Court is not inclined to grant bail to the petitioner/ A.5. 7.

In the result, the Criminal Petition is dismissed. ___________________ JUSTI CE G. SRI DEVI 31.07.2019 ssp