M. Venkatesh Goud v. The State Of Telangana,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Criminal Petition No.6986 of 2015 Between :- M.Venkatesh Goud .. Petitioner and The State of Telangana.
Rep.by its Public Prosecutor, High Court, Hyderabad .. Respondent DATE OF JUDGMENT PRONOUNCED: 17th August, 2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL
1. Whether Reporters of Local Newspapers may be allowed to see the Judgment? Yes/No
2. Whether the copies of Judgment may be marked to Law Reporters/Journals Yes/No
3. Whether His Lordship wish to see the fair copy of the Judgment? Yes/No HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.6986 of 2015 ORDER:- This is a petition filed under Section 438 Cr.P.C., seeking anticipatory bail to the petitioner/accused No.1 in Cr.No.34/2015-16 of Prohibition & Excise P.S., Vikarabad, registered for the offence under
Section 8(c) read with 22 of the NDPS Act.
The allegations in brief are that on 22-04-2015 at about 1.10 p.m., the SHO, Vikarabad, inspected the TFT toddy shop at Kompally, counter No.1 and found the petitioner/accused conducting sales of toddy on behalf of TFT Licensee/A.2 and produced a copy of licence bearing No.317 issued by Prohibition & Excise Superintendent, Rajendranagar issued in the name of A.2. The Excise officials found 20 plastic crates each containing 12 bottles of toddy filled with 650 ml. They tested the toddy with prescribed chemicals and found it free from chloral hydrate, however, on suspicion, have drawn 3 sealed samples under a cover of panchanama and sent one of the samples to Government Chemical Examiner, Regional Proh.&Excise Laboratory for analysis. The Government Chemical Examiner tested the sample and opined that the sample is adulterated with Alprazolam. Heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor.
In view of the fact that the sample of toddy contained Alprazolam, which is a prohibited psychotropic substance, the petitioner/accused cannot be released on bail in the event of his arrest. In the result, the Criminal Petition is dismissed. _________________ M.S.K.Jaiswal, J August, 2015 smr