Hafeez Ramlan v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7733 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 petitioners who are arrayed as Accused Nos.1 and 2 in Crime No.171 of 2022 pending on the file of Station House Officer, Malakpet Police Station, Hyderabad registered for the offence punishable under Section 8(C), 27(b), 21, 22 (C) of Narcotic Drugs and Psychotropic Substance Act, 1985.

2.

Heard learned counsel for the petitioners/Accused Nos.1 and 2 and the learned Assistant Public Prosecutor for the respondentState. Perused the record. 3.

The case against these petitioners is that the Malakpet Police found 63 LSD Blots of substance which is Narcotic Drug. 4.

On instructions learned Assistant Public Prosecutor would submit that the sampling was done and sent for FSL report.

5.

On perusal of the remand report, nowhere in the remand report there is a mention of the weight of the said contraband that was seized. In the said circumstances, when it is not known whether the quantity is commercial quantity, small quantity or less than commercial quantity, these petitioners can be granted the relief of regular bail.

6.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 and 2 are granted bail subject to the following conditions:

i) The petitioners/Accused Nos.1 and 2 shall execute personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for a like sum each (among which one local and one native surety) to the satisfaction of I Additional District and Sessions Judge at Hyderabad.

ii) The petitioners/Accused Nos.1 and 2 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of three (03) months or until filing of charge sheet whichever is earlier.

iii) The petitioners/Accused Nos.1 and 2 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: 12.09.2022 ns