Shivarathri Anil v. The Sate Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8004 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 Crime.No.138 of 2023 on the file of Thorrur Police Station, Mahabubabad District, registered for the offence under Section 8(c) r/w. 20 (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 petitioner was arrested by the Thorrur Police for being in possession of 2 kgs. of ganja on 29.06.2023. According to the Police, he purchased the said ganja at Araku area at lower price and was driving to Thorrur for selling it. The Police checked him. When he tried to

escape, the Police apprehended the petitioner and another and seized the contraband of 2 kgs of ganja. 3.

Learned counsel for the petitioner would submit that the contraband seized is less than the commercial quantity and the petitioner is in jail since 60 days. 4.

Learned Additional Public Prosecutor on instructions would submit that other crimes were registered against this petitioner and in the event of granting bail, stringent conditions may be imposed. 5.

In the said circumstances, this Court deems it appropriate to grant the relief of regular bail to the petitioner, 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 Special Judge for Trial of Cases for the offences under Narcotic Drugs and Psychotropic Substances Act, 1985-Cum-Principal Sessions Judge at Mahbubabad.

ii) The petitioner/Accused No.3 after release shall appear before the concerned Station House Officer at 10:00 a.m. everyday for a period of four weeks 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.

6.

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

_________________ K.SURENDER, J Date: 29.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8004 OF 2023 Dt.29.08.2023 dv