Bandari Shanthi Swaroopa @ Bandari Shathi Swaroopa B.Rani v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7450 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.1 in Crime No.31 of 2023, on the file of Ameerpet Excise 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 Ameerpet Excise Police on information went to the premises of the petitioner at Vengalraonagar. It is alleged that by the time the Excise personnel went to the house of this petitioner, A-2, who is the son of the petitioner on seeing the officials left the two wheeler and fled. In the said vehicle, 1.045 kgs. of need oil was

found. When searched in the house, 955 gms of veed oil was found.

4.

Learned counsel for the petitioner would submit that the Police have committed an error in adding both, contraband which was allegedly seized from the vehicle which was not driven by this petitioner and the alleged seizure from the house.

5.

Keeping in view, the seizure of veed oil was at the instance of this petitioner which is 955 gms. is less than the commercial quantity, this Court deems it appropriate to grant relief of regular bail to the petitioner who is a woman and as there are no criminal antecedents against her according to the Additional Public Prosecutor, subject to following conditions:

i) The petitioner/Accused No.1 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for a like sum each to the satisfaction of Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad.

ii) The petitioner/Accused No.1 after release shall appear before the concerned Station House Officer every Monday and Wednesday for a period of eight weeks at 10.00 AM and thereafter as and when required, for the purpose of investigation. iii) The petitioner/Accused No.1 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: 19.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 7450 OF 2023 Dt.19.08.2023 dv