Smt. Sheela Bai v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4009 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A2, seeking to grant anticipatory bail in Crime No.333 of 2019 of Excise Police Station, Dhoolpet, registered for the offence under Section 8(c) read with Section 20(b)(ii)(B) of NDPS Act.

2.

Heard learned counsel for the petitioner/A2, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

The case of the prosecution, in brief, is that on 11.10.2018 at about 1.45 PM., on reliable information, the Excise officials had conducted route watch in front of Indian Oil Petrol Pump, Shaikpet Nala Raod and found two wheelers coming from Mehdipatnam, and on seeing them, they tried to escape, but the police caught hold of A1 and seized 1.5 Kgs of dry ganja along with the vehicle under the cover of panchanama.

4.

Learned counsel for the petitioner/A2 would submit that she has nothing to do with the alleged crime and that earlier when the Excise Officials harassed her to bind over before the District Collector in false illegal liquor case, she refused the same and unable to bear the harassment of the police, she filed a complaint before the State Human Rights Commission, Hyderabad, in the year, 2016 and that as counter blast, this false case has been foisted against her. He would further submit that A1 was arrested and

enlarged on bail and that as no material was seized from the possession of the petitioner, he prays to enlarge her on anticipatory bail.

5.

Since there are specific allegations against the petitioner/A2 that she has supplied the contraband to the other accused and also taking into consideration the nature of allegations made against her, this Court is not inclined to grant anticipatory bail to her. 6.

Hence, the Criminal Petition is dismissed. However, the petitioner is directed to surrender before the trial Court within 10 days from the date of this order and move an application for bail. On filing such application, the Court below shall dispose of the same in accordance with law on the same day.

7.

Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

_____________ G. SRI DEVI, J 22nd July 2019 sj