Smt. Kalapathi Simraan Bai v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.11200 & 11195 OF 2023 COMMON ORDER:

Crl.P.No.11200 of 2023 is filed by Accused No.2 and Crl.P.No.11195 of 2023 is filed by Accused No.4 under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail in Crime No.1258 of 2023 on the file of Gachibowli Police Station, Cyberabad District/Rangareddy District. The offences alleged against the petitioners are under Section 20(b)(ii)(c) of the Narcotic Drugs Psychotropic Substances Act and Section 24(A) of the Telangana State Excise Act. 2.

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

3.

The allegation against the petitioners is that on 25.10.2023 on receipt of credible information about possession of dry ganja at Lodhabasti, the Police Officer along with his staff went to the said area and found four female persons and one male person at H.No.124/4 and on enquiry they confessed that they are selling dry ganja and they found Kg.7.500 grams of ganja and 117 liquor bottles of various brand and different quantities. The Police arrested the

accused and produced them before the Court. The allegation is that the petitioners are selling ganja and thus, they have committed the offence punishable in selling of ganja. The quantity seized from the possession of the accused is intermediary quantity and the petitioners have been in judicial custody since 25.10.2023. 4.

Learned Counsel for the petitioner would submit that Accused No.2 is a pregnant woman, carrying seventh month pregnancy. Even according to the Police there are no other cases pending against the petitioners/A2 & A4.

5.

Learned Additional Public Prosecutor, on instructions, would submit that there are no cases pending against this petitioners/A2 & A4.

6.

Keeping in view that the quantity seized from the petitioners/A2 & A4 is intermediary quantity and petitioners are woman, the relief of regular bail can be granted to the petitioners/A2 & A4 subject to the following conditions: i) The petitioners/A2 & A4 shall execute a personal bond for a sum of Rs.50,000/- (rupees fifty thousand only) each with two sureties for a likesum each to the satisfaction of XIII Additional Metropolitan Magistrate at Kukatpally, Cyberabad.

ii) The petitioners/A2 & A4 shall appear before the concerned Station House Officer every Monday between 10.30 a.m. and 1.00 p.m., for a period of four weeks and thereafter as and when required, for the purpose of investigation.

iii) The petitioners/A2 & A4 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. 7.

Accordingly, both the criminal petitions are allowed. Miscellaneous applications, pending if any, shall stand closed. _________________ K.SURENDER, J Date: 15.11.2023 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.11200 & 11195 OF 2023 Dt.15.11.2023 tk