Uppugandlavani v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7886 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 No.97 of 2022 pending on the file of Station House Officer, Athmakur Police Station, Warangal Commissionerate District 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 petitioner/Accused No.1 and the learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case against the petitioner is that while she was travelling along with her husband, Athmakur Police intercepted the vehicle which is a Bajaj Maxima. Her husband on seeing the police fled from the scene and the police found that there were 32 kgs of ganja

which was in the trolley auto. The petitioner was apprehended and sent to judicial custody on the same day.

4.

Learned counsel for the petitioner submits that the petitioner was accompanying her husband and did not have any knowledge about any such ganja which was in the trolley behind the driver seat. He further submits that even according to the remand report she was sitting in the cabin.

5.

Whether the petitioner had knowledge or not would be subject matter of trial, however, since the remand report reveals that she was accompanying her husband and she being a woman with children, the relief of regular bail can be granted. 6.

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 Special Sessions Judge for

NDPS Cases-cum-I Additional Sessions Judge, Hanumakonda District.

ii) The petitioner/Accused No.1 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of eight (08) weeks or until filing of charge sheet whichever is earlier.

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: 14.09.2022 ns