Badakalla Uma Shankar Rao v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9670 OF 2023 ORDER:

1.

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/Accused No.1 in Crime.No.531 of 2023 on the file of Medhcal Police Station, Cyberabad, registered for the offence under Section 20 (b) (ii) (B) and 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The Sub-Inspector of Police, Medchal apprehended seven persons at CMR College, Kandlakoya, when they were getting down from the bus. All the seven persons were questioned and during questioning, ketamine drug and ganja was found in possession of each of the seven persons. This petitioner is shown as A-1 and from his

possession 117 gms of ketamine drug and 2 kgs. of ganja was found.

4.

Learned counsel for the petitioner would submit that procedure prescribed for seizure was not followed and further quantity seized is intermediary quantity, which is not disputed by the learned Additional Public Prosecutor. 5.

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

6.

Keeping in view that there are no other cases pending against this petitioner and contraband seized is intermediary quantity, the prayer for regular bail can be granted to this petitioner, subject to 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 IX Additional Metropolitan Magistrate at Medchal, Cyberabad. ii) The petitioner/Accused No.1 after release shall appear before the concerned Station House Officer on every Monday and Wednesday for a period of

eight weeks at 10.00 AM and thereafter as and when required, for the purpose of investigation. iii) The petitioner/Accused No.1 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

7.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 06.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 9670 OF 2023 Dt.06.10.2023 dv