Mohammad Fasiyuddin @ Abbu v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14627 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.3 in Crime/COR No.207 of 2024 of Patancheru Prohibition and Excise Police Station, Patancheru, on bail, the present Criminal Petition is filed. 2.

The brief facts of the case are that on 28.09.2024, the Patancheru Prohibition and Excise Police seized contraband as the accused persons are buying and selling the contraband illegally to the general public in order to earn money in an ease manner and also registered a case vide Crime/COR No.207 of 2024 before the Patancheru Prohibition and Excise Police, Patancheru, for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of NDPS Act. 3.

Heard Sri Mohammad Fasiyuddin, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner firstly submitted that the seized contraband is just Intermediate Quantity. He

secondly submitted that all the material witnesses were examined, and further detention of petitioner is unnecessary. He thirdly submitted that the petitioner has been in judicial custody since 07.11.2024, causing undue hardship to his family and the allegations are false and fabricated. He fourthly submitted that the petitioner is resident of Angadipet, Sangareddy Town and District, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.1252 of 2024, was dismissed by the I Additional District and Sessions Judge at Sangareddy District, on 26.11.2024, without valid reasons and prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and reviewing the record, since the seized contraband is Intermediate Quantity and material part of investigation is

completed, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to satisfaction of I Additional Sessions Judge, Sangareddy, Sangareddy District.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for purpose of investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 09.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14627 of 2024 Date: 09.12.2024 gms