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High Court for State of TelanganaCRLP/5800/2022allowed no costs

Vegeshna Chaitanya Kumar v. The State Of Telangana

2022-07-08K.Surender3 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5800 of 2022 ORDER:

This Criminal Petition is filed under Section 437 & 439 of the Code of Criminal Procedure,' 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/A3 on bail in connection with Crime No.340 of 2022, on the file of Choutuppal Police Station, Rachakonda, for the offences punishable under Section 8(c) read with 21(b) read with 22(b) read with 29 of NDPS Act.

2.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

It is alleged by the prosecution that Accused No.1 in the said case visited the outskirts of Choutuppal to supply the drugs to this petitioner and Accused No.4. In the said process, the police seized 10 orange colour of MDMA Pills weighing 2.59 grams from this petitioner.

4.

Learned Counsel for petitioner submits that the seized quantity is less than the commercial quantity and even according to the remand report, the said drugs which were seized were for the purpose of consumption and not for sale.

5.

On the other hand learned Assistant Public Prosecutor submits that this petitioner was running restaurant and also supply drugs and it is suspected that he is a peddler. 6.

In the said circumstances, since the seized pills being less than the commercial quantity and there are no other cases pending against this petitioner, this petitioner who is in jail from 09.06.2022 can be released on bail, subject to following conditions: i. The petitioner/ A3 is directed to be released on bail on his executing personal bond for Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for like sum each, to the satisfaction of First Class Magistrate at Choutuppal.

ii. On such release, the petitioner/A3 shall appear before the concerned Police Station on every Monday between 10.30 a.m. to 1.00 p.m. for a period of two months for the purpose of investigation.

iii. The petitioner/A3 shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C. 7.

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

________________ K.SURENDER, J Date :08.07.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 5800 of 2022 Dt.08.07.2022 tk