Pothula Eeranna v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11782 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 PCOR No.314 of 2023, on the file of Prohibition and Excise Police Station, Gadwal, Jogulamba District, registered for the offence punishable under Section 8(b) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

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

3.

On 08.11.2023, the Prohibition and Excise Inspector, Gadwal, raided the agricultural lands of petitioner and seized 45 ganja plants and registered a case in PCOR No.314 of 2023. 4.

Learned counsel for the petitioner would submit that the petitioner is falsely implicated and he is no way concerned with the seized ganja.

5.

On instructions, learned Additional Public Prosecutor would submit that no cases are pending against the petitioner.

6.

As seen from the panchanama, there are no specific details to show that this petitioner was in exclusive possession of the said land from where ganja was seized, in the said circumstances, this Court is inclined to grant 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 the Judicial First Class Magistrate, Gadwal, Jogulamba Gadwal District. ii) The petitioner/Accused after release shall appear before the concerned Station House Officer every Monday and Wednesday for a period of four (04) 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 dgr

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11782 of 2023 Dt.01.12.2023 dgr