Telangana High Court

CRLP/15648/2024 of Kunchela Nagaraj Vs The State of Telangana on 31 December 2024

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 15648 OF 2024 Between: AND Kunchela Nagaraj, S/o. K. Venkatesh Aged about 34 Vears Occ: Construction Business At

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL PETITION NO: 15648 OF 2024

Between:

Kunchela Nagaraj, S/o. K. Venkatesh Aged about 34 Vears Occ: ConstructionBusiness At Bonthupally lndustrial Area, R/o. H. No. 4- 16g, Veerabhadra Naoar.Gummadidala Mandal. Sangareddy District. N/o Bitraguntal Village, Jarugumilli'Mandal, Prakasham DistrictlAnOhia [pradesh]

...PETITIONER/ACCUSED NO.S(As per FIR Accused No.2)

AND

fjq.Stale of Telangana, Rep. by its P.P. Through The Station House Officer,Police Station Bowenpally. High Court at Hydeiabad.

...RESPONDENT/COMPLAINANT

Petition under Section 480 & 483 of BNSS, praying that in thecircumstances stated in the Memorandum of Grounds of criminal petition, theHigh court may be pleased to enlarge the petitioner/Accused No.s on bail in theHigh court may be pleased to enlarge the petitioner/Accused No.s on bail in theabove crime in FIR No.515 of 2024, dated 25- oB- 2024. on the file of the stationHouse Officer, Police Station, Bowenpally, Hyderabad/ Secunderabad.

This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of criminal Petition and upon hearing the arguments of sri AKKApEDDIsRlNlvAS, Advocate for the Petitioner and the public prosecutor (TG) on behalfof the Respondent The Court made the following: ORDER

THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL PETITION No.15648 of 2024

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ORAL ORDER:

Seeking the Court to enlarge the petitioner inCrime No.5l5 of 2024 of Bowenpally Police Station,Hyderabad, on bail, the present Criminal Petition is filed.2. The brief facts of the case are that on 25.08.2024,at 23:30 hours, a complaint was received from Sub-Inspector V. Siva Shankar of Bowenpally Police Station,stating that three persons, Kunchela Nagaraj, AshagoniVinod Kumar, and Kunti Srisailam, were transportingAmphetamine, a psychotropic substance, in a MahindraXylo vehicle from Jinnaram to Hyderabad. The policeintercepted the vehicle near Pillar No. 44, Bowenpally,and seized 8.582 kg of Amphetamine, valued at Rs.8,5O,O0,OO0/ -, along with three cell phones and thevehicle. The accused persons revealed that they wereworking with Anji Reddy, the main supplier of the drug,who is currently absconding. The police registered a case under the NDPS Act and requested [necessary ][action]against the accused.

3. Heard Sri Akkapeddi Srinivas, learned counselappearing on behalf of the [petitioner as ][well ][as ][Sri ][Syed]Yasar Mamoon, learned Additional [Pt-rblic ][Prosecutor]appearing for respondent - State.

4 . The learned counsel for the petitioner submittedthat the petitioner strongly denies the allegations [against]him and claims innocence. He argued that the [search]and seizure procedure was not followed correctiy, [as the]officer did not have the required authorization [or]Magistrate's approval. Learned counsel also [pointed ]outthat the accused were not informed of their right to apersonal search before a Magistrate or Gazetted Officer.Furthermore, the samples were not drawn in thepresence of a Magistrate, and the test kit report was notfiled. lrarned counsel for the petitioner further submittedthat the petitioner was falsely implicated based on secretinlormation and that there is no evidence against [him.]He requested that the [petitioner ]be [granted bail, as ][he ][is]

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not a flight risk and has [cooperated ][with ][the]investigation. Therefore, he [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]counsei for the petitioner stating [that ][the ][allegations]leveled against the [petitioner are of serious ][nature ][which]raises concern over his [involvement ][in ][trade ][drugs.]Therefore, prayed the Court [to ][dismiss ][the ][criminal]petition.

6. Having regard to the rival [submissions made ][and]on going through the material [placed ][on ][record, ][it ][is]noted that the limited [grievance of learned counsel ][for ][the]petitioner is that the petitioner was falsely [implicated ][in]the case solely based on the secret [information, and ][no]contraband was seized from [him ][and ][that ][petitioner ][is ][no]way concerned with the alleged [offence, ][whereas, ][it ][is ][the]specific stand of learned [Additional ][Public ][Prosecutor]that petitioner is actively involved [in drug ][trade, working]hand in hand with other accused [persons' ][The]

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investigation in the case is not yet completed. Further,the contraband seized from the accused is a commercialquantity; this Court is not inclined to grant bail to thepetitioner. Therefore, there are no merits in the criminalpetition to grant bail to the petitioner and the samc isthe contraband seized from the accused is a commercialquantity; this Court is not inclined to grant bail to thepetitioner. Therefore, there are no merits in the criminalpetition to grant bail to the petitioner and the samc isliable to be dismissed.

7. Accordingly, this Criminal Petition is disrnissed.

\

Miscellaneous applications, if any pending, shallstand closed.stand closed.

Sd/. V. KAVITHAASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

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1. The Court of xl Additional [chief ][Metropolitan Magistrate of Secunderabad.]

2. The Station House Officer, [Bowenpally Police Station, ][Hyderabad]

3_ Two CCs to the [Public Prosecutor, ][High ][court ][for ][the ][state ][of Telangana at]Hyderabad [OUT]Hyderabad [OUT]

4. One CC to SRl. [AKKAPEDDI SRINIVAS Advocate ][OPUC]

5. Two CD [CoPies]

Pcsd/gh

HIGH COURT

DATED:31 11212024

ORDER

CRLP.No.15648 of 2024

1HE [S ]T,' r€,t:),11FEB2U25oI\tltDEAfc

DISMISSING THE CRIMINAL PETITTON

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