Banoth Tulasi v. The State Of Telangana

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.7876 of 2017 ORDER:

This criminal petition is filed, by the petitioners-accused Nos.1 to 3, under Sections 437 and 439 Cr.P.C., seeking bail in COR No.59 of 2017 on the file of the Station House Officer, Prohibition and Excise Station, Kazipet, registered for the offence punishable under Section 8(c) read with 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Heard the learned counsel for the petitioners. 3.

The learned Additional Public Prosecutor submitted that the investigation is in progress; therefore it is not a fit case to grant bail the petitioners.

4.

The case of the prosecution, in brief, is that on 24.07.2017 at about 7.30 A.M., on receiving reliable information, the Prohibition and Excise Inspector, Kazipet, visited the bus station near Kazipet Railway Station and apprehended three persons, who in turn disclosed their identity as petitioners-accused Nos.1 to 3. The Excise Officials seized 12 kgs of dry ganja from the possession of the petitioners under the cover of panchanama. After following due procedure, the petitioners were produced before the Special Judicial Magistrate of First Class, Prohibition & Excise Cases at Warangal for judicial custody. The petitioners filed Crl.M.P.No.491 of 2017 on the file of the Special Sessions Judge for NDPS Cases - cum - I Additional Sessions Judge, Warangal, and the same was dismissed on 03.08.2017.

5.

This Court dismissed Criminal Petition No.7088 of 2017 on 17.08.2017 on the ground that the investigation is in progress. There are no changed circumstances from the date of dismissal of the earlier bail petition till date.

6.

Having regard to the facts and circumstances of the case and also the stage of investigation, this Court is of the considered view that it is not a fit case to grant bail to the petitioners. 7.

Accordingly, the Criminal Petition is dismissed. _________________________ T.SUNIL CHOWDARY, J Date: 05.09.2017 Ivd