High Court granted regular bail to an accused under the NDPS Act convicted in relation to ganja seizures. The petitioner was directed to execute a personal bond along with two sureties and report daily to the police station.
Bail granted on personal bond of Rs. 15,000 with two sureties; daily reporting to police mandatory.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVONDAY ,THE SIXTEENTH DAY OF NOVEI\4BER TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION NO: 4468 OF 2020
Between:
Valmik Namdev Chavan @ Sunil Namdev, S/o Namdev Chavan,
Petitioner/Accused No.3
AND
The State of Telangana, through SHO Nakrekal P.S. Rep. by P.P.
Res pondenUCom plaina nt
Petition under Sections 437 & 439 of Cr P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant bail to the petitioner in connection with Crime no.129 of 2020 on the file of Nakrekal P S in the above crime,
The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M VIJAYA KANTH Advocate forthe Petitioner and PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER:
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THE HON'BLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION No.4468 of 2O2O
ORDER:
This Criminal Petition is filed seeking regular i;ail. The petitioner is A-3 in Crime No. 129 of 2020, pending on the file of SHO, Nakrekal Police Station. The offences alleged against the petitioner are under Section 2O(b)(ii)(c) of the Narcotics Drugs and Ps1'chotropic Substances Act, 1985.
Heard learned counsel for the petitioner/ A-3 and learned Public Prosecutor. Perused the record.
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12kgs of ganja was seized from the petitioner/A3 and 55 kgs of ganja was seized from the car. According to learned counsel for the petitioner, the petitioner is not the oll'ner of the car. In the remand report, it is mentioned that the petitioner/ A3 l-ras purchased ganja earlier in the year 20 1 8 The petitioner,'A3 was arrested on 17.07.2020 and he is in jail since then. Tlre petitioner is an agriculturist
On instructions, learned Public Prosecutor would submit that total 80 kgs of ganj a was seized and there are no other cases against the petitioner for the same oflence under NDPS Act. The petitioner is in jail since 17 ,O7.2020.
Considering the said aspects, this Court is inclined to grant regular bail to the petitioner herein.
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Accordingly, this Criminal Petition is aliowed. The petitioner/ A-3 sha1l be released on bail on his executing a personal bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) with two sureties i.e. one surety from local and one surety from native place, for the like sum each to the satisfaction of the Judicial First Class Magistrate, Nakrekal, Nalgonda District. The petitioner shall report before the SHO, Nakrekal Police Station, every day bet'nveen 10.00 a.m. and 5.00 p.m. ti11 completion of investigation and filing of charge sheet. Further, the petitioner/A-3 shall abide by the conditions stipulated in Section 438 (2\ Cr.P.C and shal1 cooperate with the Investigating Officer in investigating the case.
Miscellaneous petitions, if any, pending in this petition, shal1 stand closed
Sd/- K. SAILESHI ASSISTANT GIST
//TRUE COPY//
SECTION OFFICER
To,
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HIGH COURT
KL,J
DATED: 16.11.2020
ORDER
CRLP. NO: 4468 of 2O2O
CRIMINAL PETITION,IS ALLOWED
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2 issues framed by the court
Whether regular bail should be granted to the accused under the NDPS Act.
Whether the conditions for bail, including reporting and cooperation with the IO, are appropriate.
3 provisions across 2 enactments
Valmik Namdev Chavan @ Sunil Namdev
The State of Telangana
K. LAKSHMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
