Dilip Sharma v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7024 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.2 in Crime No.167 of 2023, on the file of Mangalhat Police Station, Hyderabad, registered for the offence under Section 8(c) r/w. 20(b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.

The Police Mangalhat kept surveillance on information regarding illegal sale and possession of ganja by four persons found this petitioner and three others with 22 kgs. of ganja. Having followed the procedure for seizure, this petitioner and others were arrested. According to the remand report, A-1 procured 22 kgs. of

ganja in 10 packets from one Narayana, who is shown as A-6 in the remand report, few days prior to 27.05.2023. On 27.05.2023, A-1 had taken assistance of this petitioner and two others for selling ganja to customers. 4.

Even according to the prosecution, it was A-1, who had procured ganja few days prior to 27.05.2023. This petitioner according to the prosecution was not aware of procuring ganja. However, his assistance was taken by A-1 for selling ganja at Mangalhat.

5.

In the background of the case that this petitioner was not complicit of procuring ganja and it is not specified in the remand report about the seizure specifically from this petitioner and further, according to the learned Additional Public Prosecutor, there are no other cases pending against this petitioner, this petitioner can granted relief of regular bail subject to following conditions:

i) The petitioner/Accused No.2 shall execute personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties, one

local surety and other from his place for a like sum each to the satisfaction of I Additional Metropolitan Sessions Judge, Hyderabad.

ii) The petitioner/Accused No. 2 after release shall appear before the concerned Station House Officer everyday at 10.00 AM for a period of three weeks from the date of this order and thereafter, as and when required, for the purpose of investigation.

iii) The petitioner/Accused No.2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

6.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 07.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 7024 OF 2023 Dt.07.08.2023 dv