Gopi Barik v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5449 OF 2022 ORDER:

This Criminal Petitions is filed under Sections 437 and 439 of the Criminal Procedure Code by the petitioner/A1 in Crime No.86/2022 on the file of Kodad town Police Station, Suryapet, registered for the offences punishable under Section 8(c) read with 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Heard learned counsel for the petitioner/A1 and the learned Assistant Public Prosecutor for the respondent-State. Perused the record. 3.

The case of the prosecution is that on 09.03.2022, the Police, Kodad, conducted search and when this petitioner/A1 and A2 were found carrying luggage bags, on suspicion they were caught by the said police and it was revealed that this petitioner/A1 was in possession of 10.364 kgs. of ganja and A2 was in possession of 10.474 kgs. of ganja. 4.

Learned Counsel for petitioner/A1 submits that the petitioner is innocent and is falsely implicated. However, the alleged contraband is less than the commercial quantity and in the said circumstances, requested to grant bail.

5.

Learned Assistant Public Prosecutor on instructions submits that there are no other antecedents against this petitioner/A1 and in the event of granting bail, some stringent conditions be imposed.

6.

For the reasons of the quantity of contraband being less than commercial quantity, the petitioner/A1 shall be granted bail subject to the following conditions:

i) The petitioner/A1 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each, among which one is local surety to the satisfaction of the Judicial First Class Magistrate at Kodad. ii) The petitioner/A1 shall appear before the concerned Station House Officer on every Monday and Thursday between 10.30 a.m. and 01.00 p.m. for a period of three (3) months or until filing of charge sheet, whichever is earlier. iii) The petitioner/A1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

Accordingly, Criminal Petition is allowed.

Miscellaneous applications, if any pending, shall stand closed. __________________ K.SURENDER, J 04.07.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5449 OF 2022 Dt.04.07.2022 tk