Farzanasaleem Syed v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8220 OF 2021 O R D E R:

This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioners/Accused Nos.1 and 7 on bail in connection with Crime No.372 of 2021 on the file of Station House Officer, Bhadrachalaram Town Police Station, Bhadradri Kothagudem District registered for the offence punishable under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

2.

Heard Sri Parsa Ananth Nageswar Rao learned counsel for the petitioners, the learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

Petitioners are arrayed as Accused Nos.1 and 7 in the aforementioned Crime.

4.

Briefly the prosecution case is that on 16.09.2021 while the Inspector of Police, Bhadrachalam Town along with his staff conducting patrolling duty, the Accused Nos.1 to 7 were found

wandering in suspicious manner. On search they were found in possession of ganja bags. On interrogation they confessed that, at the instance of the Accused Nos.8 to 10, they purchased 100 kgs of ganja from Accused Nos.11 and 12 at Chitrakonda village of Odisha State and transporting the same to Mumbai to hand over the same to Accused Nos.8 to 10. On such confession, the ganja was recovered from their possession under cover of panchanama in the presence of mediators.

5.

Learned counsel for the petitioners submits that the petitioners are in jail since 06.09.2021. The learned counsel further submits that they are having small children who have to be taken care of. The learned counsel further submits that the petitioners have no other criminal antecedents and the charge sheet is also filed and the same is numbered as S.C.No.11 of 2022, which is not disputed by the learned Assistant Public Prosecutor. 6.

In the said circumstances, this court is inclined to grant bail to the petitioners/Accused Nos.1 and 7.

7.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 and 7 are granted bail subject to the following conditions:

i) The petitioners/Accused Nos.1 and 7 shall execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each with one native surety and another one is Local Surety for a like sum each to the satisfaction of Judicial First Class Magistrate at Bhadrachalam.

ii) The petitioners/Accused Nos.1 and 7 shall appear on every date of hearing before the trial Court.

8.

As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.

______________ K.SURENDER,J Date :01.04.2022 ns