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High Court for State of TelanganaCRLP/3837/2022partly allowed no costs

Madvi Santosh v. The State Of Telangana

2022-08-08K.Surender3 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 3837 of 2022 ORDER:

This Criminal Petition is filed under Section 437 & 439 of the Code of Criminal Procedure,' 1973 (for short "Cr.P.C.") seeking to enlarge the petitioners/A1 and A2 on bail in connection with C.O.R.No.65 of 2022, on the file of Prohibition and Excise Station Bhadrachalam, registered for the offence punishable under Section 8(c) read with 20(b) (ii) (c) of NDPS Act, 1985. 2.

Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The case of the prosecution is that the Bhadrachalam Prohibition and Excise Station conducted search on 09.03.2022 at CRPF Camp, Kunnavaram Road, and found 1st petitioner/Accused No.1 in possession of 100 grams of dry ganja and 2nd petitioner/Accused No.2 in possession of 44.8 Kgs. of dry ganja. Accordingly the same was seized and the petitioners were remanded to judicial custody.

4.

Since the 1st petitioner/A1 was found in possession of 100 grams of dry ganja which is less than small quantity, the 1st

petitioner/A1 is directed to be released on bail subject to the following conditions.

i. The 1st petitioner/A1 is directed to be released on bail on his executing personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties for a like sum each, to the satisfaction of Judicial First Class Magistrate, Bhadrachalam.

ii. On such release, the 1st petitioner/A1 shall appear before the concerned Station House Officer every Monday at 10.00 a.m. for a period of two months, for the purpose of investigation.

iii. The 1st petitioner/A1 shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C. 6.

As far as the 2nd petitioner/A2 is concerned, the Criminal petition is dismissed.

7.

Accordingly, the Criminal Petition is partly allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date :08.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 3837 of 2022 Dt.08.08.2022 tk