Bardhaval Sardhar Singh v. The State Of Telangana

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 8698 OF 2021 O R D E R :

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor.

2.

This petition is filed under Section 438 Cr.P.C. seeking anticipatory bail to petitioner/Accused in the event of his arrest in connection with Crime No.204 of 2021 of Prohibition and Excise Station, Echoda, registered for the offences punishable under Section 8(b) read with 20(a) of the the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

3.

It is the case of the prosecution that on credible information about illegal cultivation of Ganja plants by accused, the officers and staff after securing panchas proceeded to the place of offence and searched cotton fields in Koritikal (B) outskirts area and during search, they found the contraband and that the accused ran away from the scene of offence.

4.

Learned counsel for the petitioner submitted that the quantity of ganja seized is not a commercial quality and that the police completed the investigation and recorded statements of important witnesses and requested the Court to grant anticipatory bail to the petitioner.

5.

On the other hand, learned Assistant Public Prosecutor opposed the bail application on the ground that the accused is habitual offender in cultivating the ganja and that there are no changed circumstances to grant bail to the petitioner.

6.

As the offence is under the NDPS Act, this Court is not inclined to grant pre-arrest bail to petitioner. 7.

Accordingly, the criminal petition is dismissed. 8.

Miscellaneous petitions, if any, shall stand dismissed. ___________________________ LALITHA KANNEGANTI, J Dated : 01.12.2021 kvrm