J. Abhinay v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6212 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.4 in Crime Occurrence Report No.61 of 2022 on the file of Prohibition and Excise, Shamshabad Police Station registered for the offence punishable under Section 8(C) read with Section 20(b)(ii)(B) of NDPS Act, 1985.

2.

Heard learned counsel for the petitioner/Accused No.4 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The allegation against this petitioner is that he was found in possession of 2 kgs of ganja when the Prohibition and Excise Personnel stopped vehicles on the road at Manikonda Jagir. According to the remand report, this petitioner was in possession of 2 kgs and the other accused in all were in possession of 10 kgs of ganja.

4.

Learned counsel for the petitioner submits that the quantity seized from the possession of this petitioner is 2 kgs which is less than commercial quantity and the petitioner who is aged 18 years, is languishing in jail since 24.06.2022.

5.

Learned Assistant Public Prosecutor submits that there are no other cases pending against this petitioner.

6.

In the said circumstances, when the quantity seized from this petitioner is 2 kgs which is less than commercial quantity and keeping in view that the petitioner is aged 18 years without any criminal antecedents, he can be granted the relief of regular bail. 7.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.4 is granted bail subject to the following conditions:

i) The petitioner/Accused No.4 shall execute personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of Special Judicial First Class Magistrate for Prohibition and Excise Cases - cum - V Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar.

ii) The petitioner/Accused No.4 shall appear before the concerned Station House Officer on every Monday 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.4 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: 21.07.2022 ns