Gumalapuram Nagesh v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7440 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner who is arrayed as Accused No.1 in Crime Occurrence Report No.63 of 2022 on the file of Prohibition and Excise, Balanagar Police Station registered for the offence punishable under Section 8(C) read with Section 20(b)(ii)(B) of NDPS Act, 1985.

2.

Heard learned counsel for the petitioner/Accused No.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case against this petitioner is that he was found in possession of 8 kgs 440 grams of dry ganja.

4.

Learned counsel for the petitioner submits that the petitioner was falsely implicated in this case, however, the alleged seizure is less than commercial quantity.

5.

On instructions learned Assistant Public Prosecutor would submit that there are no other cases pending against this petitioner. 6.

In the said circumstances, the petitioner being in jail since 14.07.2022 and the quantity seized is less than commercial quantity, he can be granted the relief of regular bail. 7.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.1 is granted bail subject to the following conditions:

i) The petitioner/Accused No.1 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of Judicial First Class Magistrate, Prasanth Nagar, Kukatpally Court Complex, MedchalMalkajgiri District. ii) The petitioner/Accused No.1 shall appear before the concerned Station House Officer on every Monday and Thursday between 10.30 AM and 01.00 PM for a period of eight (08) weeks and thereafter as and when required.

iii) The petitioner/Accused No.1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 30.08.2022 ns