Kaliwala Vijay , Nani And Another v. The State Of Telanagana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7792 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 Occurrence Report No.71 of 2022 on the file of Station House Officer, Prohibition and Excise Station, Balanagar registered for the offence punishable under Section 8(C) read with Section 20(b)(ii)(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 the 1st petitioner/Accused No.1 is that he was found in possession of 1 kgs 270 grams of dry ganja and later on search at the premises of the 2nd petitioner/Accused No.2 pursuant to the confession of Accused No.1, Accused No.2 was held in possession of 12 kgs 125 grams of ganja.

4.

On instructions learned Assistant Public Prosecutor submits that there are no other cases pending against these petitioners. 5.

In the said circumstances, since the quantity seized from the petitioners is less than commercial quantity and there are no other cases pending against these petitioners who are aged 19 and 20 years respectively, they 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.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to the satisfaction of Metropolitan Sessions Judge, Medchal-Malkajgiri District. ii) The petitioners/Accused Nos.1 and 2 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 twelve (12) weeks 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: 02.09.2022 ns