Yepuganti Phani @ Phani Kiran v. The State Of Telangana,
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10523 OF 2023 O R D E R:
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.2 in Crime No.452 of 2023 on the file of Station House Officer, Adibatla Police Station, Rachakonda Commissionerate, Rangareddy District, registered for the offence punishable under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985 2.
Heard learned counsel for the petitioner/accused No.2 as well as learned Additional Public Prosecutor for the respondentState and perused the record. 3.
The petitioner herein was arrested by the Adibatla Police as he was in possession of 4.5 K.Gs. dry ganja. Having taken steps as required under NDPS Act, the petitioner herein was produced before the Magistrate concerned and he was remanded to judicial custody till 28.09.2023.
4.
Learned counsel for the petitioner submits that 4.5 K.Gs. of dry ganja was allegedly seized from the petitioner, which falls under non-commercial quantity and the petitioner was falsely
implicated in this case.
5.
Learned Additional Public Prosecutor, on instructions, would submit that there are no other criminal cases pending against the petitioner herein.
6.
Keeping in view of the fact that the contraband seized is intermediary quantity, this Court deems it appropriate to enlarge the petitioner/accused No.2 on bail subject to the following conditions:
i) The petitioner/accused No.2 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 learned Metropolitan Sessions Judge, Rangareddy District at L.B.Nagar.
ii) On such release, the petitioner/accused No.2 shall appear before the concerned Station House Officer twice in a week i.e., on every Monday and Wednesday, for a period of eight(8) weeks between 10.00 A.M. and 01.00 P.M. and thereafter, as and when required for the purpose of investigation.
iii) The petitioner/accused No.2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.
6.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.
__________________ K.SURENDER, J Date: 19.10.2023 ynk
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10523 OF 2023 Date:19.10.2023 ynk