Roshan Mahakud v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11755 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 COR No.185 of 2023, on the file of the P.S., Prohibition and Excise, Ghatkesar, registered for the offence punishable under Section8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985. 2.

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

3.

The case of the Prohibition and Excise personnel, Ghatkesar, is that this petitioner was found in possession of 12Kgs of Ganja which was concealed in six bags. He was arrested on 21.10.2023.

4.

Learned counsel for the petitioner would submit that the petitioner is a student and has been falsely implicated. There are no other criminal cases against this petitioner and further the quantity seized is less than commercial quantity.

5.

Learned Additional Public Prosecutor on instructions would submit that there are no other cases, however, the petitioner belongs to Odisha State and stringent conditions may be imposed in the event of granting bail. 6.

Keeping in view that the quantity seized is intermediary quantity and there are no other cases pending against this petitioner, the prayer for regular bail is considered, subject to the following conditions:

i) The petitioner/accused shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, i.e. one local surety and other from the native place, for a like sum each to the satisfaction of the I Addl. District and Sessions Judge-cum-Metropolitan Sessions Judge, Medchal Malkajgiri District at Kushaiguda.

ii) The petitioner/accused after release shall appear before the concerned Station House Officer on every Monday and Wednesday for a period of eight (08) weeks and thereafter, as and when required, for the purpose of investigation.

iii) The petitioner/accused shall abide by the other conditions stipulated in 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 : 01.12.2023 gvl

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11755 of 2023 Dt.01.12.2023 gvl