Saraswati v. The State Of Telangana
[ 3158 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND NINETEEN :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 7319 OF 2019 Between:
SARASWATI, W/o. Late Rajan Singh Petitioner/Accused No.2 AND The State of Telangana, Rep by its Public Prosecutor, High Court for the state of Telangana at Hyderabad Res po n de nUC o m p la in a n t Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to release the petitioner on bail in the event her arrest Crime No 357 of 2019 on the file of prohibition and excise station(Enforcement), Dhoolpet Hyderabad.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri A PRABHAKAR RAO, Advocate for the Petitioner, Addl. PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following.
ORDER:
HON'BLE JUSTICE G. SRI DEVI 9Btwttrunl PerrtOru llo ORDER:
This Crim ral Petition under Section 438 of Cr.P.C. is filed by the petitioner/A2t seeking anticipatory bail in Crime No.357 ol 2019 on the file of Prohibition and Excise Station (Enforcement), Dhoolpet, Hyderabad, registered for the offence under Section B(c) read with Section 20(bXii)(B) of NDPS Act, 1985.
2. lt is alleged in the complaint that on 12.06.2019 at 4.00 PM., the Prohibition and Excise lnspector along with his staff, proceeded to H.No.'l 3-1 -5711A159, Mangalhat, Dhoolpet, Hyderabad, and seized 2 kgs of dry ganja containing in yellow colour plastic cover and also Rs.13,5001 in blue colour bag from the possession ofAl under a cover c,f panchanama and at that time, A2 and 43 were absconding. Th,r police drawn two samples under a cover of panchanama and thereafter, registered a case against A1 to 43 3.
Heard learned counsel for the petitioner/A2 as well as the learned Addilional Public Prosecutor appearing for respondent/State,. Perused the material on record. 4.
Learned counsel for the petitioner/A2 submits that the petitioner has not committed any offence as alleged by the prosecution and that she did not supply any ganja to lt/r.Rajasekhar or Raju Singh as alleged by the prosecution. He further submits that the petitioner hars nothing to do with the seizure of ganja from the possession of 41 and that no ganja was seized from her possession or from her hous,e. He further stated that the petitioner's name was
GSD, J Crl.P.No.73'19 of 2019 implicated only on the confession of 41 and that there is no material to connect her with the alleged offence. He further submits that the petitioner is aged 60 years and suffering from age old ailments such as high blood pressure, diabetic and heart problem. He further submits that the petitioner undertakes to cooperate with the police till conclusion of the trial and he shall abide by any condition imposed by this Court.
5.
On the other hand, the learned Additional Public Prosecutor opposed the relief sought in the petition and contended that the petitioner was involved in similar type of offences and she is habitual offender and therefore, she is not entitled for anticipatory bail.. 6.
As seen from the criminal antecedents of the petitioner, she was involved in similar type of offences during the years 2016 and 2017 and she has not been involved in such offences within six months from the date of the present crime and that the alleged contraband i.e., 2 Kgs of dry ganja, was seized from the possession of 41 and no contraband was seized from the possession of the petitioner/A2. Thus, in view of the nature of allegations made against the petitioner and also considering her old age and health condition, I am inclined to grant anticipatory bail to the petitioner/A2 by imposing some conditions.
7. ln the result, the criminal petition is allowed and the petitioner/A2 is directed to surrender before the Station House Officer, Prohibition and Excise Station (Enforcement), Dhoolpet, Hyderabad, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the .zj
\,'>L,', J Crl.P.No.7319 of 2019 -1 petitioner/A2 or bail on her executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/accused shall abide by thr-. conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating the case Further, if the petitioner/A2 is found to be involved in similar type of offences in future, liberty granted to her shall stand cancelled automatically 8.
As a sec uel, miscellaneous petitions pending, if any, shall stand closed.
sD/- B. sAT ASSISTAN'T YAVATHI REGIST R //TRUE COPY// SECTI OFFICER To,
1. The lAddl. Mekopolitan Sessions Judge, Hyderabad.
2. The Station Hc,use Officer, Prohibition & Excise Station (Enforcement), Dhoolpet, Hyderabad.
3. One CC to SR A PRABHAKAR RAO, Advocate [OPUC]
4. Two CCs to Pt.lBLlC PROSECUTOR (TG), High Court at Hyderabad. (OUT)
5. One spare copy
HIGH COURT GSD,J DATED:2'l11 1/2019
ORDER
CRLP.No.7319 of 201(t BAIL It t