CRLP/6609/2019 of Panna Singh Vs The State of Telangana on 30 December 2019

ORDER:

Petitioner. who is A1 in Cr.No.218 of 2079 on the fileof the S.H.O. Chaderghat Police Station, Hyderabad,registered for the offence punishable under Siection 20 [(b)](ii) (c) of NDPS Act, 1985, fi1ed this petition u.eder Sections437 and 439 Cr.P.C. seeking regular bai1.

2. lleard learned counsel for the petitioner and thelearned Additional Public Prosecutor appearring for therespondent State.

3. ['l'he ]case of the prosecution is that on08.09.2019 on receipt of credible information that thepetitioner1S storing ganja and selling it to others, theInspector oI Police after obtaining permissior. from higherOfhcials secured presence of panch witnesses andproceeded to H.No.2-2-474/5, Near Hanurnan Temple,Amberpet and seized 21.7660 kgs of ganaja in 10 browncolour duck tape packets in two different cartons and oneloose ganja in an empty rice bag in one carton. Thereafter,police registered the above case.

4. Learned counsel for the petitioner submits thatthe petitioner is innocent of the offence ailege,l and he hasnot committed any offence, much less the offence withwhich he was charged. He further submits that thepetitioner is not the resident of the house from where the

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alleged ganja was seized and the petitioner is presentlyresiding at Dhoolpet and he did not indulge in possessionand transportation of ganja. He further submits that thepolice during the course of investigation, recorded aand transportation of ganja. He further submits that thepolice during the course of investigation, recorded aconfession statement as if the petitioner purchased ganjafrom A2, who is a resident of Visakhapatnam. He furtherfrom A2, who is a resident of Visakhapatnam. He furthersubmits that the petitioner has no criminal antecedents tohis credit. He further submits that the police haveexamined as many as 14 witnesses and completedinvestigation. He further submits that the petitionerundertakes to co-operate with the police and the petitioneris a respectable person in the society. He further submitsthat the petitioner15 ln custody since 09.09.2019 i.e.,his credit. He further submits that the police haveexamined as many as 14 witnesses and completedinvestigation. He further submits that the petitionerundertakes to co-operate with the police and the petitioneris a respectable person in the society. He further submitsthat the petitioner15 ln custody since 09.09.2019 i.e.,nearly about 4 months and he is ready to abide by theconditions imposed by this Court and furnish sufficientsureties to the satisfaction of the Court if he is released onbail. Hence, he prays to grant bail to the petitioner.conditions imposed by this Court and furnish sufficientsureties to the satisfaction of the Court if he is released onbail. Hence, he prays to grant bail to the petitioner.

5. On the other hand, the learned Additional PublicProsecutor representing the State vehemently opposed thebail application.

6. Looking into the nature of allegations leveledagainst the petitioner and also taking into considerationthe gravity of offence alleged against the petitioner, I aminclined to grant bail to the petitioner on certain terms andconditions.

7. the Criminal Petition is allowed andAccordingly, the petitioner/Al shall be reieased on bail or the followingterms and conditions:

(i) on the petitioner/A I executing a personal bond forRs.15,000/- (Rupees fifteen thousand only) with twosureties for a like sum each to the satisfaction of theI Addl. Metropolitan Sessions Judge, Hyderabad;Rs.15,000/- (Rupees fifteen thousand only) with twosureties for a like sum each to the satisfaction of theI Addl. Metropolitan Sessions Judge, Hyderabad;

(ii) that the petitioner/A1 shall not indulge in anysimilar type of activities, in future;similar type of activities, in future;

(iii) that the petitioner/Al shall not tamper with theprosecution witnesses;prosecution witnesses;

(iv) that the petitioner/A1 shall appear belbre the StationHouse Officer, Chaderghat Police Stati,rn, Hyderabad,on every Sunday between 10.00 AM and 6.00 PM tillfiling of charge sheet and co-ope rate with theinvestigating agency;House Officer, Chaderghat Police Stati,rn, Hyderabad,on every Sunday between 10.00 AM and 6.00 PM tillfiling of charge sheet and co-ope rate with theinvestigating agency;

(v) that the petitioner/Al shall appear before the Courtconcerned personally on each date of hearing tillcor-rclusion of trial.concerned personally on each date of hearing tillcor-rclusion of trial.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

SD/. I\. CHANDRASEKHARA RAOASSI:;TANT REG STRAR

//TRUE [(OPyil]

SI]CTIOI.'FICEIt

To,1,The I Additional Nletropolitan Sessions Judge, Hyderabad /- The VIII Addit ional Chief Metropolitan Magistrate, Hyderabacl

2. 'I'he Superintendent. Central Prison, Chanchalguda, Hyderabad

3. The Statior.r []cuse Officer. Chaderghat Police Station. Hyderabad

4. lwo [CC ][to ][PLrtrlic ][Prosecutor. ][High ][Court. Hl.derabad(OUT)]

5. One CC to Sri ll. \4ohana Reddy. Advocate(OPUC)

6. One spare copl

7. Iil(;il COtrR',l

(;st),f

DATED:30/12i2019

oRI)r._R

CRLI'.No.6609 of 20 l9

CRLP. ALLO\\ ED

,..3OI Lilu