Telangana High Court
CRLP/11316/2022 of Ejaz Khan Vs The State of Telangana on 30 December 2022
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DT. JUSTICE CHILLAKUR SUMALATHA CRIM| NAL PETITION NO: 11316 OF 2022 Between: Ejaz Khan, S/o. Asgar Khan, Aged 35 years, Occ. Driver, R/o. Partur Village and
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DT. JUSTICE CHILLAKUR SUMALATHA
CRIM| NAL PETITION NO: 11316 OF 2022
Between:
Ejaz Khan, S/o. Asgar Khan, Aged 35 [years, ]Occ. Driver, R/o. Partur Village andTaluka, Jalna District, Maharashtra State.
.,.PETITIONERYACCUSED NO.2
AND
The State of Telangana, Through Police Station Lingala Ghanpur, Rep. by PublicProsecutor, High Court at Hyderabad.
...RESPONDENT/COM PLAINANT
Petition under Section 437 & 439 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court may bepleased to release the Petitioner/Accused No.2 on bail in connection with the CrimeNo. 137 of 2022, dL.2110712022 on the file of the S.H.O. Lingalaghanpur PoliceStation, Jangaon District in the interest of [justice.]
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri PALLESRIHARINATH, Advocate for the Petitioner and of the Additional Public Prosecutorfor the State of Telangana on behalf of the Respondent (sole)
The Court made the following: ORDER
HON,B].E DT. JUSIICE CHILLAKUR SUMALATHACF.IMINAL PETITION No. 11316 of 2022
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ORDER:
1 . Heard Sri P. Sril-rarinath, learned counsel for thepetitioner as well as the learned Additional PublicProsecutor r,',h o is representing the Respondent-State.
2. This Crirninal Petition, under Section 439 Cr.P.C., isfiled seeking the Court to enlarge the petitioner, who isarrayed as Ar:cused No.2 in Crime No. 137 of 2022 ofLingala Gharpur Police Station, Warangal District, on bail.
3 . Making his subnrission, learned counsel for thepetitioner contended that the petitioner15 ln judicialcustody sincc July 2022 and he has not committed anyolfence whatsoever. Learned counsei also submitted thaton completion of investigiltion, charge sheet is also laid andtherefore, the petitioner is entitled for bail.
4. Serioush, opposing the submission thus made,learned Additional Public Prosecutor stated that totally,404 Kgs of Ganja was seized from the possession of thepetitioner and other accused. Learned Additional PublicProsecutor a-lso submitted that the petitioner and other cd.P,No.lt316_2022
accused were involved in systematically procuring Ganjaand transporting the szune and they were foundtransporting Ganja by hiding the same beneath theeatables and thus, the petitioner is not entitled for bail.5. The crux of the case as could be perceived throughthe contents ol the charge sheet is that the petitioner is thebrother of Accused No. 1. Accused No.1 was involved intransportation of dry Ganja since 20 18 and previously,Accused No. 1 was arrested and was sent to jail fortransporting dry Ganja. In the year 2020, Accused No.1purchased Mahindra Bolero Trolley vehicle for transportingdry Ganja and the body of the vehicle was altered byadditional draw to conceal the dry Ganja. Thereafter, thepetitioner and other accused started transporting dryGanja in the said vehicle. When they were transporting dryGanja, the said vehicle was ultimately intercepted by policearrd huge quantity of Ganja, i.e. 404 Kgs and 5OO grams,was seized from their possession. The allegations, thusleveiled, are grave in nature. Though the learned counselfor the petitioner contended that the petitioner is innocent,the contents of charge sheet discloses grave allegations.
II
I
o..csuCd.P.No-71116 2022
Furthermore, having regard to the quantity of contrabandfound, Section 37 of the Narcotic Drugs and PsychotropicSubstances Act comes into play. The petitioner failed tosatisfy this Court that he falls outside the ambit of saidprovlslon.
6. Thus, having found prima facie allegations againstthe petitioner, this Court is of the view that the petitioner isnot entitled for bail.
7. Resultaltly, the Criminal petition is dismissed.
Sd/.G.SIREESHAASSISTANT REISTRAR/,/TRUE COPY//CSECTION OFFICER
To
1. The Judicial First [Class ][ft,4agistrate, ][at ][Jangaon']
2. The Station House [Officer, ][P ][S. Lingala ][Ghanpur, ]-Jangaon'-Jangaon'
5. On" CC to Sri [Palle ][Sriharinath. Advocate ][[OPUC]]CC"io tn" Public [Prosecutor, ][High ][Court ][for ][the ][State of ][Telangana ][at]CC"io tn" Public [Prosecutor, ][High ][Court ][for ][the ][State of ][Telangana ][at];. i; Hyderabad [(OUT)]Hyderabad [(OUT)]5. Two CD CoPies Kj{\+- HIGH COURT
DAfED:3011212O22
ORDERCRLP.No.1131 6 of 2022
THE CRL.P. IS DISMISSED.
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