Radha Kishore Mandal v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6503 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.1 in Crime Occurrence Report No.67 of 2022 on the file of Prohibition and Excise Station, Quthbullapur, Medchal-Malkajgiri District 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.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The petitioner who is the pan shop owner was arrested for being in possession of 12 grams of dry ganja and 246 grams of chocolates containing extract of ganja plant. 4.

Learned counsel for the petitioner submits that 12 grams of dry ganja is less than commercial quantity, however, the extract of ganja plant found in chocolates is intermediary quantity. He further

submits that there are no other cases pending against this petitioner.

5.

Keeping in view that there are no other cases pending against this petitioner and also according to the learned counsel, the petitioner is the sole bread winner, this petitioner/Accused No.1 can be granted the relief of bail.

6.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.1 is granted bail subject to the following conditions:

i) The petitioner/Accused No.1 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of Metropolitan Sessions Judge-cum-Designated Court under the NDPS Act for the Trial of Cases under NDPS Act, Medchal-Malkajgiri District. ii) The petitioner/Accused No.1 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 and thereafter as and when required.

iii) The petitioner/Accused No.1 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: 28.07.2022 ns