CRLP/8022/2019 of Vijaykumar Vemula Vs The state of Telangana on 31 December 2019

ORDER:

This Criminal Petition, under Sections 437 and 439 Cr.P.C., [is]filed by the [petitioner/accused ]No.2 seeking to enlarge him on bailin Crime No.76 of 2019 on the file of Thadvai Police Station, MuluguDistrlct, registered for the offence [punishable ]under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act.

2. The brief facts of the case are that on 01.9.2019 at 3 [pm, ]atKatapur Cross road of SS Tadval Village, the complainant-Suresh,P.S.I., along rryith his staff and CRPF force conducted the vehiclechecking., and that accused Nos.1 and 2 were [proceeding ]fromKatapur Village, SS Tatapur Village side in a car-Toyrrta Itios blackcolour bearing No.AP-03 Tl t35) and on checking found 50 coversof ganja weighing about 100 kgs.

3. Heard learned counsel for the [petitioner, ]learned AdditionalPublic Prosecutor appearing for the respondent-State and perusedthe record.

4. Learned counsel for the petitioner submitted that thepetitioner was arrested on 01.9.2019 and since then has been in jail;that the entire investigation is already completed and all the materialwitnesses have been examined; that though six persons have beenshown as accused Nos.1 to 6 in this case, the alleged recovery ofganja was shown from the present petitioner-accused No.2 andaccused No.1; that the name of the petitioner has been shown asaccused No.2 basing on his confession only; that nothing wasrecovered from the possession of the petitioner and false recovery \

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was shown; that the petitioner has not committed any offence.Learned counsel further submitted that the petitioner is ready toabide by any conditions imposed by this Court while granting himbail and he shall cooperate with the investigation into the case.Learned counsel further submitted that the petitioner is ready toabide by any conditions imposed by this Court while granting himbail and he shall cooperate with the investigation into the case.

5. Learned Additional Public Prosecutor submitted that thepetitioner along with accused No.1 was found transporting ganjaweighing about 100 kgs, which is more than the commercialquantity and hence, the petitioner is not entitled for grant of bail.

6. Looking into the nature of allegations levelled against thepetitioner, the facts and clrcumstances of the case, without delvinginto the merits of the case, I am inclined to release the petitloner onbail on his furnishing a [personal ]bond to the tune of Rs.25,000/-(Rupees Twenty five thousand only) with two sureties to the llkeamount each to the satisfaction of the learned Judicial First ClassMagistrate, Mulugu. The petitioner shall not tamper with theprosecution witnesses and shall co-operate with the investigatingagency and he shall not misuse the liberty granted to him. Thepetitioner shall not indulge in similar type of offences in future. Thepetitioner shall appear before the Court concerned on every date ofhearing.

7. Subject to the above, the Criminal Petition is allowed.

8. Miscellaneous [petitions, ]if any [pending ]in this criminal [petition,]

shall stand closed.

SD/- N. PT,RUSHOTHAM [REDDY]n-.;srsrnr'tr [RE ][G ][rsT ][RAR]t' ,4rN,{-SECTIOVOFFI{ER

,'tRUE COPY'

1. l-hc Se ssions .ludge for [NDPS ][Cases ][sum ][I Additional ][Sessions ][Judge, ][Warangal]

Se 2. l-hc ludicial Iirst [GhssA4agistrate, ][Mulugu][[.l-hc ]]

3. [[.l-hc ]]Superintendent, [Central Prison, ][Warangal]

4. Tlrc Srarion I [louse ]OfIlcer. ['l'hadvai Police ][Station, ][Mulugu District]

5. Irro C( [[ro ]]l)ublic [Prosecutot'. ][FIigh Coun, ][H-vderabad ][(OUT)]

[[ro ]](r. Onc C( to Sri K. Venu \4adhar'. Adrocatc [(OPt.C)](r. Onc C( to Sri K. Venu \4adhar'. Adrocatc [(OPt.C)]

7. [( ])n. -\Pi:tre cop\

Ht(;tI COt lt'r

(;s r).I

DATED:31/12l2019

OI{DEIT

CltLP.No.li022 of 20 l9

ctU.P. AI.t,o\\11t)

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