Eppalapally Santosh Reddy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7306 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.3 in C.O.R.No.16 of 2022, on the file of Prohibition and Excise Police Station, Kachiguda, 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 respondent-State and perused the record.

3.

The petitioner was arrested for being in possession of 65 gms. of 'Hasish oil'.

4.

Learned counsel appearing for the petitioner would submit that the petitioner was in custody. When the Police have searched his premises, 65 gms. of 'Hasish oil' was found on the same day.

5.

Learned Additional Public Prosecutor would submit that 100 gms. is small quantity of 'Hasish oil'. However, he was involved in three other cases.

6.

Keeping in view that the quantity is less than the small quantity punishable upto one year according to the NDPS Act, this Court deems it appropriate to grant relief of regular bail subject to following conditions:

i) The petitioner/Accused No.3 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum each to the satisfaction of IV Additional Chief Metropolitan Magistrate at Hyderabad.

ii) The petitioner/Accused No. 3 after release shall appear before the concerned Station House Officer every Monday and Wednesday at 10.00 AM for a period of eight weeks from the date of this order and thereafter, as and when required, for the purpose of investigation.

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

7.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 18.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 7306 OF 2023 Dt.18.08.2023 dv