Kaliwala Manju v. The State Of Telanagana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 10038 OF 2022 Between:

Kaliwala Manju Wo. Kaliwala Jitender, Aged 40 years, Occ. Labour, R/o. H.No.56-265, Vijay Nagar, Quthbullapur, Chinthal, Hyderabad

...Petitioner/Accused No.3

AND The State of Telanagana, represented By its Public prosecutor, High Court of Telangana Hyderabad.

...RespondenUComplainant Petition under Section 437 and 439 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 in Crime No. 71 of 2022 of Excise SHO Balanagar'bail on such condition or conditions as this Honourable Court may deem fit and proper in the interest of Justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. Amarnath, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent The Court made the following: ORDER

HOIPBLE DT. JTISTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.1O03B of 2022 ORDER:

Heard Sri M.Amarnath, learned counsel for the petitioner, as well as learned Additional Public Prosecutor who is representing the respondent.

2.

Seeking the Court to enlarge the petitioner, who is arrayed as accused No.3 in COR.No.71 of 2022 of Excise Police Station, Balanagar, on bail, the present Criminal Petition is filed .

3.

Making his submission, learned counsel for the petitioner contends that nothing was seized from the possession of the petitioner and the dry ganja, that too less than commercial quantity '*,as seized from the possession of accused Nos. 1 and 2 even as per the version of the prosecution a:rd therefore, the petitioner is entitled for bail. Learned counsel also states that as the quantity of ganja found in possession of accused Nos. 1 and 2 is less than commercial quantity, Section 37 of the Narcotic Drugs And Psychotropic Substances, Act, 1985, does not attracts to the case facts and thus, the petitioner is entitled for bail.

) DT CSL, J Crl.P.No.l0038 of 2022 4.

Vehemently opposing the said submission, Learned Additional Public Prosecutor contends that the petitioner is involved in several other offences. Learned Additional Public Prosecutor states that five criminal qases are pending against the petitioner and all are regarding involvement of the petitioner in dealing with narcotic drugs and psychotropic substances. Learned Additional Public Prosecutor also stated that as the petitioner was found repeatedly involved in the activities of illegal possession and sale of ganja, a request for ordering preventive detention under the Telangala Preventive Detention Act, L970, was also made and the same is pending before the Advisory Board.

5.

As per the information furnished by the learned Additional Public Prosecutor, the petitioner is arrayed as an accused in C.O.R.Nos. 1 15 of 2Ol7, 28 of 2019, lll of 2017, 19 of 2O2O and 30 of 2021, all registered by the Excise Police, Balangar Police Station, contending that the petitioner 1S involved in possession/ transportation of 1.2 kgs, 1.2 kgs, 4.5 kgs, 1.2 kgs and 1.2 kgs of ganja respectively. 6.

Having regard to the information thus furnished by the learned Additional Public Prosecutor, this Court is not

.1 DT CSL, J ('rl. P. No. I 0038 ol 2022 inclined to act:ept the submission of the learned counsel for the petitioner that as the case facts does not fall within the ambit of Section 37 of the Narcotic Drugs And Psychotropic Substances, Act, 1985, the petitioner is entitled for bail. Though the learned counsel projected that the petitioner being a woman is entitled for bail, this Court is not inclined to enlarge the petitioner on bail even on that ground having regard to the allegations levelled against her. Therefore, this Criminal Petition is dismissed.

7.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

SD/- L. SIVA PARVATHI ASSISTANT RE TRAR //TRUE COPY// C'+7',-'-- SECTION OFFICER To,

1. The I Additional District and Sessions Judge-Cum-Metropolitan Sessions Judge Cyberabad at Medchal-Malkajgiri District at Malkajgiri.

2. The ll Additional Junior Civil Judge Cum Xlll Additional Metropolitan Magistrate at Kukatpally, Medchal-Malkajgiri District.

3. The Station House Officer, Excise Police Station, Balanagar,

4. Two CCs to the Additional Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

5. One CC to Sri M. Amarnath, Advocate [OPUC]

6. Two CD Copies ok YI

\ \ HIGH COURT Dr. CSL,J DATED:2411112022 i o,c !

o \ tr\\\ N1l c, A* t

ORDER

CRLP.No.10038 of 2022 {< n DES,P o DISMISSING THE CRIMINAL PETITION n 1\t [r-1