High Court granted anticipatory bail to three petitioners accused under the NDPS Act and T.S. Toddy Excise Rules. They must surrender within four weeks and execute personal bonds with sureties.
Petitioners granted anticipatory bail; directed to surrender within four weeks and execute personal bonds as per order.
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.
IN TIIE HIGH COT,RT FOR THE STATE OF TELANGANA AT HYDERABAD
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MONDAY. THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY ONE ,Z
:PRESENT:
THE HON'BLE JUSTICE G.SRI DEVI
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CRIMINAL PETITION NOS: 1255, 1257 & t26t OF 2021
CRL.P. NO. 1256 0F 2021: Between:
K. Niranjan Goud, S/o. K. Chennaiah Goud.
Petitioner/Accused-2
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The State of Telangana, Rep. by its Public Prosecutor. High Coun for the State ofTelangana, for Excisc Police. Jadcherla, Mahabubnagar District.
Respondent/Complainant _-
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in thc petition and the grounds filed therein, the High Coun may be pleased to enlarge the petitioner/A2 on Bail in the event of his arrest in Crime PCOR No. 21412020, on the file of Prohibition and Excise Police Station, Jadcherla, Mahabubnagar District; -
CRL.P. NO. 1257 OF 2021: /.. Between:
M.Shekar Goud, S/o. M. Shivaramulu Goud
Petitioner/Accused- I
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The State ofTelangana, Rep. by its Public Prosecutor, Fligh Court for the State ofTelangana. for Excise Police, Jadcherla, Mahabubnagar District.
Respondent/Complainant .-'
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein. the High Court may be pleased to enlarge the petitioner/A1 on Bail in the event of his arrest in Crime PCOR No. 21412020, on the file of Prohibitionand Iixcise Police Station, Jadcherla. Mahabubnagar Districtr ...-
CRL.P. NO. 126l OF 2021:, Between:
M.Narsimulu Goud, S/o. M. Chennappa,
Petitioner/Accused-3
AND
l'he State of Telangana, Rep. b."- its Public Prosecutor. HighCourt for the Stateof Telangana.for Excise Police, Jadcherla, Mahabubnagar District.
Respondent/Com plainant ..''
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Petition under Section 438 ol Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to enlarge the petitioner/A3 on Bail in the event of his arrest in Crime PCOR No. 21412020. on the file of Prohibition and Excise Police Station. Jadcherla, Mahabubnagar District;_
Theses petitions coming on for hearing, upon perusing the petitions and the grounds filed therein, and upon hearing the arguments of Sri a.Gflidhar Rao. Advocate for the petitioners in all the petitions. and of the asst. Putitic Prosecutor, for the Respondent in all the petitions. the Coun made the follou,ing:
:-_
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THE IIONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION Nos.l256. 1257 & l26l of 2021
COMMON ORDER:
These criminal petitions are filed under Section 438 of Cr.P.C., by the petitioners/accu sed seeking to grant anticipatory bail in the event of their arrest in connection with PCOR No.214 of 2020 of Prohibition and Excise Police Station, Jadcherla, Mahabubnagar District, initially registered for the offence under Rule 27(i) of T.S.Toddy Excise Rules, 2007 and later altered the offence to Section 8(c) rlw.22 of NDPS Act
petitioners, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
Learned counsel for petitioners would submit that though there are three counters and three different licence numbers to each of the counter, the inspecting authorities have collected samples collectively from all the shops, mixed the same and sent for FSL report, basing on the statements given by the punch witnesses at the spot. Admittedly, the petitioners were not present at the time of collecting the samples or sending the same for FSL report. Thepetitioners arevalid licence holders and their licenses are valid till 30.09.2022. Petitioners are not having any previous criminal record and that they are ready to abide by any condition tl.rat may beimposed in theevent oftheir enlargement on anticipatory bail
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Looking into the nature ofallegationslevelledagainstthe petitioners and having regard to the otherfacts and circumslancesof the case, without delving into themerits of the case, I am inclined to grant anticipltory bail to the petitioners.
Accordingly, all the Criminal Petitions arcallowed and the petitioners/accuscd are granted anticipatory bail subject to the following terms and conditions:
sD/- I.NAGAIAKSHMT ASSIS'TANTREGISTRAR
//TRL'E COPY'
Str('TION OFFICT.]I{
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DATE:01-3-2021
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CRL.P. NOS. 1256,1257 & t26t OF 2021
PETITIONS ALLO\ ]iD
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners accused under the NDPS Act and T.S. Toddy Excise Rules.
What conditions the High Court should impose while granting anticipatory bail to the petitioners.
4 provisions across 3 enactments
K. Niranjan Goud
M. Shekar Goud
M. Narsimulu Goud
The State of Telangana
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
