Biswanth Sethi Vs The State of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER

Cr im in al Pet it ion No.1 0 4 2 5 of 2 0 1 8

ORDER :

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/ A.1 to A.4 for grant of bail in Crime No.114 of 2018 on the file of Railway Police Station, Warangal, registered for the offence punishable under Section 8(c) read with 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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2 . Heard both sides. Perused the record.

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3 . The learned counsel for the petitioners/ A.1 to A.4 would submit that the ganja alleged to have been seized from the petitioners/ A.1 to A.4 is of non-commercial quantity. The petitioners/ A.1 to A.4 are innocent persons and falsely implicated in this case and ultimately prayed to allow the application.

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4 . On the other hand, the learned Additional Public Prosecutor representing the respondent-State opposed for grant of bail to the petitioners/ A.1 to A.4.

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5 . As per the material placed on record, the petitioner/ A.1 was found in possession of 18 kilograms of ganja and the petitioners/ A.2 to A.4 were found in possession of 8 kilograms of ganja each. The petitioners/ A.1 to A.4 were remanded to judicial custody on 10.08.2018. Investigation is in progress. Whether the ganja seized from the possession of the

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2

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petitioners/ A.1 to A.4 is of commercial quantity or not is required to be determined after filing of the charge-sheet. As the investigation is in progress and in view of the nature of the allegations levelled against the petitioners/ A.1 to A4, it is not appropriate to grant bail to the petitioners/ A.1 to A.4 at this stage.

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6 . Hence, the Criminal Petition is dismissed.

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Miscellaneous petitions, if any, pending in this Criminal

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Petition, shall stand closed.

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dr . SHAMEEM AKTHER, J
22 nd October, 2018
Bvv

Biswanth Sethi v. The State of Telangana

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Biswanth Sethi v. The State of Telangana

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