Dirbasi Daryav Singh v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.6070 of 2017 ORDER:

This Criminal Petition is filed, by the petitioner, under Section 438 Cr.P.C., seeking anticipatory bail in Crime No.174 of 2016 on the file of the Prohibition & Excise Police Station, Echoda registered for the offences punishable under Sections 8(c) r/w 20 (b) (ii) (c) of NDPS Act. Heard the learned counsel for the petitioner. The learned Additional Public Prosecutor opposed the bail petition.

The facts leading to the filing of the present petition, briefly, are that on 13.12.2016, the Prohibition & Excise officials, on receipt of credible information, visited the house bearing D.No.3-13/2 of Chandunayak Thanda, Bhutai (B), Bazarhathnoor Mandal, Adilabad District. On seeing the police, the petitioner fled from the house. The Excise officials, in the presence of the mediators, seized one K.G of ganja and draw the samples. After completion of necessary formalities, the above said crime was registered.

The learned counsel for the petitioner submitted that the petitioner was falsely implicated in this case. A perusal of the record prima facie reveals that the Excise officials seized one K.G of ganja from the house of the petitioner. It is the case of the prosecution that the petitioner was absconding since the date of the alleged offence. Taking the nature of the offence alleged to have been committed by the petitioner into consideration, this Court is of the considered view that this is not a fit case to grant pre-arrest bail to the petitioner. In the result, the petition is dismissed.

_________________________ T.SUNIL CHOWDARY, J Date: August 23, 2017 Kvsn