Pawar Gopal v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.10149 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 in Crime No.108 of 2023 on the file of Kodangal Police Station, Vikarabad District, registered for the offence under Section 20 (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.

On 09.08.2023, the Kodangal Police arrested this petitioner for the reason of being in possession of 11 kgs. of ganja. Having followed the procedure prescribed under NDPS Act, the petitioner was remanded to judicial custody. 4.

Learned counsel appearing for the petitioner would submit that the contraband seized is less than the

commercial quantity. Earlier cases in which the petitioner was shown as accused ended in acquittal.

5.

Learned Public Prosecutor opposed the application on the ground that petitioner was earlier involved in criminal cases.

6.

Keeping in view that quantity of contraband seized is less than the commercial quantity, the petitioner can be granted the relief of regular bail, subject to following conditions:

i) The petitioner/Accused 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 I Additional Sessions Judge-Cum-Special Sessions Judge for Fast Tracking the Cases relating to Atrocities against Women at Vikarabad District.

ii) The petitioner/Accused after release shall appear before the concerned Station House Officer, on every Monday, Wednesday and Saturday at 10:00 a.m. for a period of eight weeks, for the purpose of investigation and thereafter, as and when required.

iii) The petitioner/Accused 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: 13.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.10149 OF 2023 Dt.13.10.2023 dv