Telangana High Court
CRLP/16003/2014 of G.Buchanna Vs The STate of Telangana on 30 December 2014
SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.16003 of 2014 ORDER: The petitioner, who is A -1 filed the present application under Section 437 and 439 Cr.P.C. seeking enlargement on bail in Crime No.341 of 2014-15 of Prohibition & Excise Station, Tandur, Ranga Reddy District
THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
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ORDER:
CRIMINAL PETITION No.16003 of 2014
The petitioner, who is A-1 filed the present application underSection 437 and 439 Cr.P.C. seeking enlargement on bail in CrimeNo.341 of 2014-15 of Prohibition & Excise Station, Tandur, RangaReddy District registered for the offences punishable underSections 8 (c) r/w. 22(c) of N.D.P.S.Act (for short “ the Act).
2. The case of the prosecution is that on 12-08-2012 at about 5.30pm while the investigating Officer along with his staff was conductingroute watch at Laxminarayanapuram bus stop, they found thepetitioner in suspicious circumstances, as such he was interceptedand on search they found (7) kgs of Alprazolam in a bag. Whenquestioned, the petitioner is alleged to have stated that the saidsubstance is Alprazolam. After complying with the procedurecontemplated, the said material was seized and sent to FSL, whichalso opined that the said sample is Alprazolam. Basing on theseallegations, the above report came to be lodged.
3. Heard the learned counsel for the petitioner and the learnedPublic Prosecutor for the State.
4. Learned counsel for the petitioner submits that the petitioner isinnocent of the offence alleged against him and a false case has beenfoisted against him. According to him, the entire investigation iscompleted and the charge sheet is also filed and hence, seek releaseof the petitioner.
5. Learned Public Prosecutor opposed the petition.
6. A perusal of the material placed before the Court would showthat Alprazolam is narcotic substance and possession of the samebeyond particular limit is impressible under law. Since the quantity, which is found in possession of the petitioner is commercial quantityand as the prosecution made out prima facie case of seizure of theNarcotic Substance from the petitioner, this Court is of the view that thepetitioner is not entitled to bail in view of Section 8(c) and 37 of theNDPS Act.
7. In the result, the Criminal Petition is dismissed.
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JUSTICE C. PRAVEEN KUMAR
30-12-2014nvl