Kordhala Bharath Kumar v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 7213 OF 2021 Between:

Kordhala Bharath Kumar, S/o.Yadaiah, aged about 31 years, Occ. Coolie, R/o.Door No.8-36, Nomula Village, Nakrekal mandal, Nalgonda district ..,PETITIONEFYACCUSED-2 AND The State of Telangana, Rep. by its Public Prosecutor, High Court of for the State 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 release the petitioner on bail in Crime No.20 ol 2021 on the file of Prohibition and Excise Police station, Nakrekal, Nalgonda District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A. Prabhakar Rao, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.7213 OF 2021

ORDER

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A2, for grant of bail in Crime No.20 of 202L of Prohibition & Excise Station, Nakrekal, Nalgonda District, registered for the offence punishable under Section B(c) read with Section 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short'NDPS Act'). 2.

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

3.

Learned counsel for the petitioner/A2 would submit that the petitioner/A2 is innocent and is falsely implicated in the subject case. He has nothing to do with the alleged recovery of ganja. A false case is foisted against him. A3 in the subject case was already granted bail and ultimately prayed to allow the criminal petition as prayed for.

4.

On the other hand, learned Assistant Public Prosecutor would submit that only cash was recovered from the possession of A3, whereas 27 kgs of ganja was recovered from the possession of the petitioner/A2, which is more than commercial quantity and t ultimately prayed to dismiss the criminal petition. 5.

As seen from the material placed on record, the petitioner/A2 had purchased 29 kgs of ganja, out of which, he sold 2 kgs of dry

ganja to unknown person and remaining 27 kgs of ganja was recovered From him, pursuant to his confession on 29.O7.202L at Hitech bus stand, Suryapet. On the same day, he was arrested and remanded to judicial custody. The ganja alleged to have been seized from the possession of A2 is more than commercial quantity. This Court while granting bail under Section 439 Cr.P.C. has to see whether the twin requirements under Section 37 of NDPS Act i.e., i) there are reasonable grounds for believing that the accused is not guilty of such offence; and ii) he is not likely to commit any offence while on bail, are satisfied or not. In the instant case,27 kgs of ganja alleged to have been seized from the possession of petitioner/A2 pursuant to his confession, under a coverofpanchanama,dated2g'0T.

202l,itcannotbeheldthatthe petitioner/A2 is innocent and that he would not indulge in similar offence while on bail' The petitioner/A2 failed to satisfy the twin requirements under Section 37 of NDPS Act to enlarge him on regular bail.

SD/.K.SAILESHI //TRUE COPY// ASSISTANT REGISTRAR G"

SECTION OFFICER To, The I Additional District and Sessions Judge' Nalgonda The Station House Officer, Prohibition and Excise Police Station' Nakrekal' State of Telangana.

One CC to Sri A. Prabhakar Rao' Advocate [OPUCI J Two CCs to Public Prosecutor' High Court for the State of Telangana at Hyderabad' [OUT]

5. Two CD CoPies

6. One SPare CoPY gbr'v .-

HIGH COURT DATED: 2910912021 lrrE Sra oo

ORDER

z 2 3 0f,tz{pl CRLP.No.T213 of 2021 * DISMISSING THE CRIMINAL PETITION , *Y,,/ '/ \ru ^\ @ gor