Domala Srinivas v. State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6814 of 2018 ORDER :

The petitioners are A.1 to A.3 of Crime No.247 of 2018 of Station House officer, Gachibowli Police Station, Cyberabad, registered for the offence punishable under Section 8(c) read with 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'), for their alleged conscious possession of the commercial quantity of ganja about 91 kgs. 2.

The petitioners are seeking anticipatory bail with the contentions that they are innocent and falsely implicated and they are in judicial custody since 23.03.2018 and mandatory provisions of the NDPS Act not followed.

3.

A perusal of the remand report prima facie shows the compliance with the requirements and the seizure from the disclosure showing conscious possession with guilty state of mind of the commercial quantity and nothing to show the limitations of the twin requirements cumulative of not likely to be convicted and not likely to commit another offence, when could not be shown, no way apply to the case from that limitation, they are not entitled to the concession of bail.

4.

Accordingly, the criminal petition is dismissed. However, police to complete the investigation early and file final report so that they can ask for early trial of the case.

Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 9th July 2018.

mar