Jagadish Chandra Jhat v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY ,THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:6356 OF 2022 Between:

Jagadish Chandra Jhat, Sio.Shivlal Jhat, aged 25 years, Occ.Business, Rl/o.Sri Ramana Colony, L.B.Nagar, Ranga Reddy District, Nio.Vishnunagar, Roliya (V), Udaipur Division, Kapasan Tahsil, ChittogarhDist, Rajasthan State ... PETITIONE R/ACCUSED-1 AND The State of Telangana, Through Public Prosecutor High Court at Hyderabad. ...RESPONDENT Petition under Sections 437 &439 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A'l accused on bail in connection with Crime No. 653 of 2022 dated 13-04-2022 on the file of PS L.B.Nagar I and O, Rachakonda District .

This Petition coming on for hearing,upon perusing the lrlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N KRISHNA SUMANTH ,Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent The Court made the following: ORDER

I THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 6356 OF 2022 ORDER:

This Criminal Petition is Iiled under Sections 437 and 439 of Code of Criminal Procedure, L973 (for short "Cr.P.C") seeking regular \ bail to the petitioner/Al in connection with Crime No.653/2O22 on \ { the file of L. B. Nagar Law and Order Police Station, Rachakonda Commissionerate. registered for the offences punishable under Section 18 of the NDPS Act.

2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record. 3.

The case of the prosecution is that this petitioner is found in possession of 2.f , Kgs. of Opium Juice and that the commercial quantity of which is 2.5 Kgs.

4.

l,earned Cotrnsel for the petitioner submits that the contraband seized is in excess ol only 1O0 grams from the commercial quantity of 2.5 Kgs.

5.

Learned Assistant Public Prosecutor submits that the FSL has given report stating that the contraband seized is Opium. 6.

Since the quantity seized is commercial quantity, at this stage, this Court is not inclined to grant bail to this petitioner.

7.

Accordingly, the Criminal Petition is dismissed' However, the petitioner is at liberty to move the trial Court seeking regular bail under the changed circumstances.

Miscellaneous applications, pending if any, shall stand closed. I SD/-B.SA ATHI DEPUTY T //TRUE COPY// SECTION OFFICER To,

1. The ll Additional Metropolitan Magistrate Cum Additional Junior Civil Judge, Ranga Reddy District at L.B.Nagar.

2. The Station House Officer , Police Station Rachakonda District.

L.B.Nagar I and O,

3. The Superintendent , Cherlapally Jail , Ranga Reddy District.

4. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad.(OUT)

5. One CC to SRl. N KRISHNA SUIMANTH Advocate [OPUC]

6. Two CD Copies

7. One Spare Copy CDL NA

HIGH COURT DATED:1 310912022

ORDER

G STAI€ CRL.P.No.6356 of 2022 t )'

/i lr) 1[ Ntj\ ?sl?

o ,r) DISMISSING THE CRIN{INAL PETITION.