Doosari Naveen Goud v. State Of Telangana
t 3251 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITI ON NO| 12890 0F 2023 Between:
Doosari Naveen Goud, S/o Doosari Eshwar Goud, Aged 31 Years, Occ Business' R/o H.No 1-'130, Abbapur Village. Navipet Mandal, Nizamabad Distrrct (TS) ...PETITIONER/ACCUSED No'2 AND State of Telangana. Rep by s.H.o, Prohibition and Excise, Nizamabad, through Public Prosecrltor, High Court for the State of Telangana, At Hyderabad' ...RESPONDENT/COMPLAINANTS Petition under section 438 of cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminal Petrtron, the High court may be pleased to grant Anticipatory Bail to the Petrtioner/Accused No 2, in the event of his arrest i; C.O R. tto Sit of 2023 on the file of S.H.O, Prohabition and trxcise, Nizamabad, Telangana State.
This Petition coming on for hearing, upon perusing the Memorandum. of Grorjnds of criminal Petiti-on and upon hearing the arguments of Sri G. Venkat Reddy, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent.
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1289O of 2023 ORDER:
This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/ accused No.2 seeking anticipatory bail in the event of his arrest in connection with C.O.R No.33l of 2023 on the hle of the S.H.O, Prohibition and Excise, Nizamabad, registered for the offence punishable under Section 34(al r/w 34(l) of T.S.Excise Act, 1968 r/w a(a) 5(a) of T.S.Chloral Hydrate Chloral Rules, 1973 and under Section 8(C) r/w 22 (Cl ot NDPS Act, 1985.
2.
Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the respondent-State and perused the record.
3.
The excise personnel on 04.11.2023 conducted search in the residence of this petitioner and found 14kgs. of t \ I I Alprazolam. The mother of this petitioner is arrayed as accused No.l. She was in the house when the search had taken place.
4.
On the basis of Alprazolam found in the premises, police registered crime under both Excise Act and NDPS Act.
,".
5.
Learned counsel for the petitioner would submit that this petitioner was not present when the alleged seizure has taken place. Further, it is not in dispute that this petitioner is resident ofthe said house 6.
Under the circumstances of the case, this Court is not inclined to grant anticipatory bail. However, the petitioner is at Iiberty to surrender before the concerned Court seeking regular bail. In the event of such surrender and Iiling an application seeking bail, the trial Court shall dispose of the application for bail on merits within two working days giving opportunity to the Public Prosecutor.
7 .
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
SD/. MOHD, ISMAIL ASSISTANT REGIS AR //TRUE COPY// SECTION OFFICER To, Th3 Special Judicial Magistrate of First Class for Trial of P & E Offences-cumlV Additional Junior Civil Judge, Nizamabad Two CCs to the Public Proseiutor, High Court for the State of Telangana at Hyderabad{OUTI fie Statlon Hoise Officer, Prohibition and Excise' Nizamabad One CC to Sri G Venkat Reddy, Advocate [OPUC] T',vo CD CoPies J p lp sw'f
HIGH COURT DATED: 0210112024 { \1s* S T4 f o
ORDER
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c) CRLP.No.12890 ot 2023 // DISPOSING OF THE CRL.P.
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