Nikhil Singh Alias Nikhel v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5459 OF 2022 ORDER:

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 who is arrayed as Accused No.1 in Crime No.425 of 2022 on the file of Station House Officer, Chilkalguda Police Station, Gopalpuram, North Zone, Secunderabad registered for the offence punishable under Section 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

Heard learned counsel for the petitioner/Accused No.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that the petitioner was found in possession of one (01) kg of ganja when the Chilkalguda police on information went to Sitaphalmandi Flyover along with laptop, printer, electronic weighing machine, croton box and tape etc., for the purpose of investigation. However, they found this petitioner with

one (1) kg of ganja and he was taken into custody by following the procedure prescribed under NDPS.

4.

Learned counsel for the petitioner submits that there are no other cases as far as this petitioner is concerned. He further submits that 1 kg of ganja is less than commercial quantity and the petitioner is falsely implicated in this case who is how aged 22 years. 5.

Learned Assistant Public Prosecutor is not disputed that the petitioner is not involved in any other cases and for the reason of the quantity being less than commercial quantity, the petitioner can be granted bail subject to conditions.

6.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.1 is granted bail subject to the following conditions:

i) The petitioner/Accused No.1 shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of X Additional Chief Metropolitan Magistrate at Secunderabad.

ii) The petitioner/Accused No.1 shall appear before the concerned Station House Officer on every Monday and Wednesday between 10.30 AM and 01.00 PM for a period of three (03) months or until filing of charge sheet whichever is earlier. iii) The petitioner/Accused No.1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 04.07.2022 ns